FAQ

A Party Wall Notice is a document informing you that your neighbour(s) are proposing to carry out works which fall within the Party Wall Act.

If the works fall within the Party Wall Act, they will have to serve you a Notice informing you of the proposed works that will take place.

In turn, you will have 3-4 options:

1. Consent to the proposed works

If you choose to consent to the proposed works, your neighbour(s) can commence works immediately.

2. Dissent to the proposed works and appoint an Agreed Surveyor

This option means that you wish to use a surveyor that both yourself and your neighbour are happy with. This is usually the surveyor that has been selected by your neighbour who in turn has sent you the Party Wall Notice. 

3. Dissent and appoint your own surveyor

This means that you are using your own surveyor rather than the surveyor your neighbour(s) has requested

4. Consent to the works subject to a schedule of condition being carried out

This option means that you are ok for the works to go ahead, however, would feel at ease if a surveyor was to attend and carry out a schedule of condition to the areas that may be affected by the Building Owners work. This is a popular option especially if an Adjoining neighbour does not wish to place a financial burden on the Building Owner.

You will need a Party Wall Surveyor if you have been served with a Party Wall Notice(s).

This may be the first time you will have heard about your neighbour(s) proposed work. By serving you with a Notice, they are initiating the process and are informing you of the work they wish to carry out to their property – for which you may share a Party Wall or are within close proximity within their proposed work. 

In most cases when you have received a Party Wall Notice it means that your neighbour(s) has instructed a Party Wall Surveyor to serve you with a Notice. You will now have a few options to choose from within that notice in regards to what you wish to do. I.E. do you wish to use the same Party Wall Surveyor or not? (Agreed Surveyor), or do you consent to the proposed works?

Please feel free to give us a call to discuss matters 

A Party Wall Award is a legal binding document that sets out rights and responsibilities of the Building Owner(s) who wish to carry out works to their property. This in turn may affect the owner(s) of the neighbour property(s).

The Party Wall Award has to state the name and addresses of the Building Owner(s) and Adjoining Owner(s) which are listed on the Land Registry.

The Party Wall Award is drawn up by either one Surveyor who would be acting as the Agreed Surveyor, or two Surveyors if the neighbour(s) wish to use their own.

• Working hours – e.g. 9:00am – 5:00pm
• Any indemnities for the Adjoining Owner
• Clarification of any damage and the steps that will be required to rectify them
• Access arrangements to the adjoining owner’s property
• Adjoining Owner’s surveyor’s fees
• Security arrangements
• Noise considerations

The Award is initially written out in a draft format and made final or ‘published’ once both parties, (Surveyor or Surveyors) have agreed on the details of the Award. There is a 14-day period to appeal the Party Wall Award if either owner(s) feel something is amiss.

However, this is rare, as most of the issues are likely to have been discussed before the Award is finalised.

A Party Wall Award is valid for a period of 12 months from the date of its service. This would mean that the building owner must commence the proposed works within 12 months of the date that the Party Wall Award has been served.

Every Party Wall Award is different and needs to be tailored to each unique building project. If you would like to know more, whether you are the Building Owner or the Adjoining Owner, please give us a call and we will be happy to help.

We offer a free, no obligation phone call to  discuss your specific needs.

This can occur to many individuals on a regular basis, especially if you did not know you required an Award.

You should immediately stop any noticeable Building work and get in contact with a Party Wall Surveyor and notify them of your situation.

The surveyor in turn will serve your neighbour a Notice, thus beginning the process. Your neighbour will then have the chance to respond.

Please note, that if you fail to cease the works that you have commenced, your neighbour can take legal action.

A Party Wall Agreement will be required if you plan on carrying out certain work(s), close to or on the Party Wall Line. Below is a list of the works that will require you to have a Party Wall Agreement in place:

• Excavation works within 3 or 6 metres of your neighbour(s) property, but the proposed foundations have to be deeper than your neighbour(s).
• Cutting into the Party Wall to place a beam(s), this could be for a loft conversion where you will most likely require beams to support the new load. You may also be cutting into the Party Wall to place a steel column for a structural opening. The list goes on…

Minor works, such as, chasing for electrical work, pipework or drilling into the Party Wall to fix shelving or kitchen units do not require a Party Wall Agreement.

In most cases, if you are the one carrying out the Building work, then it is more than likely that it will be yourself paying for the cost of the Party Wall Award. This would also include the cost of your neighbour(s) Surveyor – only if they choose to use their own.

There are some exclusions to this, such as:

• If a new Party Fence Wall is built, then both homeowners split the cost.
  
• If a shared structure has to be rebuilt due to poor maintenance, the costs will be split between both households.
  
  

For further Assistance and Guidance feel free to have a read of the Government’s Explanatory booklet.

This piece of literature provides a better understanding of the Party Wall Process, it breaks down what a Building and Adjoining Owner is. Describes what the Party Wall Act is, that the Act does and what the Act covers. It is extremely detailed to help explain all matters.

Permitted development allows Building Owners to carry building work without the need for planning permission.

You may be thinking great ! I don’t need planning permission at all then for my works!….wrong!

Permitted development will only allow you to extend or build up to a certain length and or width. You are restricted as to what you can and cannot do. Let me explain.

For example, you wish to build a single storey rear extension, up to 3m’s long, this won’t be possible under permitted development. With permitted development you will only be allowed to build up to 1m long.

Another example, you wish to build a loft conversion. And you wish to use the entire length of your roof. Under permitted development this won’t be granted and in turn you will only be allowed to use a few meters of your roof space.

Basically, the permitted development path will still allow you to carry out your work but at a reduced length, width and head height.  

Have a read of Permitted Development rights for Householders from the Government’s website.