Impartial Free Party Wall Advice, Tips and Guidance
What is the Party Wall etc Act 1996?
The legislation was established in 1997 and applies to almost all property throughout England and Wales.
The Act establishes a framework and procedure to ensure the necessary protections to adjoining owners and occupiers as a result of a building owner carrying out works to their property.
The Act places obligations on the owner (the building owner) planning on undertaking works to their property, notably that they will need to notify their neighbour (the adjoining owner) in writing of the proposed works.
The adjoining owner can respond to this notification by the appointment of a Party Wall Surveyor, thereby requiring the building owner to follow the Act’s statutory procedures.
What Types of Work Does the Party Wall etc Act 1996 Cover?
Works that are covered by the Act, can be separated into three distinct categories:
Works directly to a Party Wall, a Party Structure (ceiling or floor) or a Party Fence Wall (garden wall).
Digging within 6 metres of any neighbouring property (this includes any structure that forms part of the property).
Building new walls up to, or on the boundary line between two different properties.
What is the Party Wall Process?
I am a building owner
The building owner is the owner of the property who is planning on undertaking the construction works.
Step 1: Confirm if the planned works are covered by the Act
The first step is to confirm if the planned construction works are covered by the Act, you can confirm this by having a Party Wall Surveyor review these and advise. Surveyor’s should not charge you for this review. You can also use our Party Wall Works Test.
Step 2: Building Owner Party Wall Fee Quotes
If the planned works are covered by the Act, at this stage the building owner should obtain Party Wall service quotes from reputable and qualified Party Wall Surveyors.
You are responsible for the fees, it’s therefore a good idea to seek likely costs at an early stage to ensure these are budgeted for.
Step 3: Serve Party Wall Notice
The next step will be to serve a Party Wall Notice upon the adjoining owner.
The Notice’s service, formally commences the Party Wall Surveying procedures and notifies your neighbour of the planned works.
Step 4: Party Wall Notice Response Timings
Once the Party Wall Notice has been served, the adjoining owner will have 14 days to respond. During this time, the adjoining owner is likely to seek professional input and advice on the planned works and Act.
In the event that an adjoining owner doesn’t respond within the 14 days, you can then serve a further Notice. This gives them a definitive and final 10 days to respond.
If the adjoining owner still hasn’t responded, please refer to options 3 of the Party Wall Notice Responses.
Step 5: Party Wall Notice Responses
In response to your Party Wall Notice, your neighbour will have three options open to them:
1) Consent
Consenting to the Notice means that the adjoining owner doesn’t require any of the Party Wall Surveying procedures to be implemented. Armed with this response, you are free to commence planned works.
2) Dissent and appoint a Party Wall Surveyor
Dissenting to the Party Wall Notice will mean that the adjoining owner has appointed a Party Wall Surveyor to represent their interests.
You will now need to appoint your own Party Wall Surveyor to act on your behalf and agree a Party Wall Award.
You are responsible for both Party Wall Surveyors’ fees.
3) Dissent and appoint an Agreed Party Wall Surveyor
This is the same option two (above), the key difference being that one Party Wall Surveyor acts on behalf of both yourself and the adjoining owner. This is the most cost and time effective Dissent response.
You are responsible for the Party Wall Surveyor’s fees.
Step 6: Schedule of Condition Inspection
Once the Party Wall Surveyor, or Party Wall Surveyors have been appointed, they will complete a Schedule of Condition Inspection of the adjoining owner’s property. This will ensure there is a pre works condition record in place. The record is later referred to in the event of any damage allegation.
Step 7: Party Wall Award
Following on from the Schedule of Condition, a Party Wall Award will be agreed. The Party Wall Award provides a framework that governs the construction works.
Common clauses and additions within a Party Wall Award include:
- Scope of construction works
- Property damage procedures
- Adjoining owner compensation
- Permitted construction working hours
- Construction method requirements
- Temporary protective measures
- Construction work variation procedures
Step 8: Construction Works Can Start
Once the Award has been agreed and provided to both yourself and the adjoining owner, your contractors are free to commence the works on site. Be sure to ensure that the contractor is fully aware of the requirements within the Award and adheres to them.
I am an adjoining owner
The adjoining owner is the owner of the property who adjoins or borders the building owner’s property.
Step 1: Confirm if the planned works are covered by the Act
The first step is to confirm if the planned construction works are covered by the Act, you can confirm this by having a Party Wall Surveyor review these and advise. Surveyors should not charge you for this review. You can also use our Party Wall Works Test.
Step 2: Adjoining Owner Contact
If the planned works are covered by the Act, at this stage the adjoining owner should reach out to the building owner to confirm their understanding of the works falling within the scope of the Act and request a Party Wall Notice is served upon them.
Step 3: Responding to the Party Wall Notice
In response to the building owner’s Party Wall Notice, you will have three options:
Consent
Consenting to the construction works means that you don’t require any of the Party Wall Surveying procedures to be implemented. The building owner will then be free to commence the construction works.
Dissent and appoint a Party Wall Surveyor
Dissenting to the Party Wall Notice will mean that you have appointed a Party Wall Surveyor to represent your interests.
The building owner will now need to appoint their own Party Wall Surveyor to act on their behalf and agree a Party Wall Award with your Surveyor.
The building owner will be responsible for both Party Wall Surveyors’ fees.
Dissent and appoint an Agreed Party Wall Surveyor
This is the same as response option two, the only difference being that one Party Wall Surveyor acts jointly on behalf of both yourself and the building owner.
This option carries both time and cost efficiency for the building owner.
As with option 2, the building owner will be responsible for the Party Wall Surveyor’s fees.
Step 4: Schedule of Condition Inspection
Once the Party Wall Surveyor, or Party Wall Surveyors have been appointed, they will complete a Schedule of Condition Inspection of your property. This ensures there is a pre works condition record in place. This record is called upon in the event of damage allegation.
Step 5: Party Wall Award
Following on from the Schedule of Condition, a Party Wall Award will be agreed. The Party Wall Award provides a framework governing the construction works.
Common clauses and additions within a Award include:
- Scope of construction works
- Property damage procedures
- Adjoining owner compensation
- Permitted construction working hours
- Construction method requirements
- Temporary protective measures
- Construction work variation procedures
Step 6: Construction Works Can Start
Once the Award has been agreed and provided to both yourself and the building owner, they are free to commence the works.