Please see below some of the most common questions asked of the Notting Hill Party Wall Surveyor team:
A party wall is built on the legal boundary between two pieces of land and serves as a wall that one or more neighbours will share.
Loosely speaking, a shared wall counts as a party wall—but there are many specific legal definitions that come into play when identifying what constitutes a party wall and figuring out what rights go along with them.
The wall shared by two neighbours is part of each house. It is built out of masonry astride the legal boundary. Although this wall type varies greatly, the Party Wall Act provides a baseline framework for neighbourly conduct in regard to work that might impact a shared wall.
Party fence walls are a type of party wall in the garden; however, they must be constructed with masonry and are not your standard timber fence.
Once instructed, a party wall surveyor's job is to make sure that an agreement is reached between the two neighbours. If a disagreement arises, they have the authority to issue a resolution. If the work harms neighbouring properties, they can grant recompense to the affected parties.
An “adjoining owner" is anyone who might reasonably be expected to suffer an adverse effect from the work and who has a legal interest in the property that gives them rights for more than a year (e.g. a long leaseholder).
A "building owner" is the person who intends to do the work, and who has the legal right to the property in question.
Essentially, this statute establishes a procedure for resolving disputes between neighbours about building work that affects shared walls in the building, fence walls, or other structures like floors and ceilings.
The most common situation covered is when one neighbour wants to do work on a wall that they share with the other. If the planned work is likely to disturb the other person, the Act says the person doing the work has to give the other person a formal notice. The Act specifies what kinds of work require a notice and what kinds do not. It also explains what to do if one neighbour doesn't comply with the Act's provisions.
If you dig close to a neighbouring owner's property, you must generally give notice, which basically informs your neighbours what you are planning to do.
If a property owner consents to your proposed work, you can proceed without an issue. If they do not consent, the owner has the right to request a surveyor, who will then act as a go-between to facilitate resolving the situation. The law is designed to protect both property owners. Consent must be in writing.
Dissent in party wall matters occurs when an owner of an adjoining property does not consent to the party wall notice that has been served upon him. He/she may do any one of the following: (1) request a surveyor to be appointed to act for them (the owner of the adjoining property) to ensure that the works are carried out in accordance with the Party Wall Act; or (2) they may not respond at all, in which case a separate surveyor has to be appointed for them.
The party wall surveyors prepare it and it describes the intended works and the conditions under which they will be performed. Each owner on either side of the wall that is involved in the dispute over the proposed works will need an award.
In substance, it is the same as a party wall agreement, serving as a legally binding document between the two owners of adjacent properties. This document sets out the timing and proposed methods of the party wall works.
When a neighbouring owner disagrees with the notice served regarding the party wall, a party wall award becomes necessary. Surveyors then arbitrate the matter, and sometimes owners use one "agreed" surveyor for both parties to resolve the dispute.
A party fence wall is a wall between properties that acts as a fence, thus defining the boundary between the two owned by different parties.
A masonry fence (not timber) along the boundary between two properties is an example of a "party fence wall." Therefore, party fence walls are covered within the Act. When you intend to carry out certain works to a party fence wall you are required to serve a Notice on the Adjoining Owners. As with party walls and party structures, when a Notice has been served, the processes as set out within the Act need to be followed before works can commence. Again, a timber fence is not usually treated as a “party fence wall”. Like party walls and structures, when a Notice has been served, the processes laid out in the Act must be followed to the letter before work can begin.
Party wall awards typically feature a Schedule of Condition, but its presence is not mandatory. The Schedule of Condition details the state of the adjoining owner's property in photographs and writing before any work begins on the party wall. The report establishes a baseline from which to work in order to establish whether or not any damage occurred to the adjoining owner's property during the party wall work and, if so, in what amount and degree of severity.
This document more suitable than a full Building Survey and much more enforceable in court because it details superficial damage as well. Moreover, it reports on only those areas of the adjoining owner's property that are at risk of being affected by the party wall work.
Excavating next to an owner's property (at a legally safe distance of 3-6 meters), building a boundary wall, or doing any work on a party wall.
The law in England and Wales that deals with Party Wall disputes is contained in the Party Wall etc. Act of 1996 and applies to any homeowner who is:
The Party Wall Act does not apply to minor jobs, such as shelving units, though re-plastering might qualify. If you are inserting a beam or a damp-proof course, the Act applies.
The party wall legislation is intended to facilitate construction on shared walls or near neighbouring properties. Its aim is not to halt construction but to ensure that individuals might carry out works to the walls they share with their neighbours without adversely affecting those neighbouring properties. It is meant to help, not to hinder.
This depends on several factors: the materials of which the walls are constructed (they need to be masonry: concrete, brick, etc.), what you plan to do, and how close your proposed excavations will be to the walls. The garden walls may be in single ownership if they are on one side of the property (i.e. a boundary wall) or shared if astride a boundary (i.e. a party fence wall), which will also affect the application of the Act.
Even if wooden fences are used with concrete posts, they do not count as party fences.
If you will be doing any work on a party fence wall that your neighbour also shares, then you must serve notice. If you are building a wall up to the boundary, then you also need to serve notice. If you want to build a wall that straddles the boundary, you must have your neighbour’s consent, as you will be using their land.
Yes. The Party Wall Act's main concern is with what is done and how and when it is done. It is mainly about the works associated with a shared wall, that is a party wall, or one that is on the boundary between properties. So if you want to settle a disagreement about works between two properties, you may need to resort to a surveyor who specializes in party wall.
The Act of 1996 that governs party walls is a piece of legislation that provides a framework for resolving disputes between neighbouring properties concerning the structures that stand between them, or near them, or excavations that one party is undertaking close to the property line.
If your neighbours want to do work on a shared wall, the Party Wall Act can come to your aid. The Act is designed to make sure you know what's going on next door, and it even gives you some control over the situation.
The main idea behind the Act is to encourage and enable development. Nonetheless, its primary function is to assure you, the adjoining owner, that the neighbours’ work will not negatively affect your side of the shared wall. The Act gives you, the right to be informed about work the neighbour plans to do on a shared wall and even some right to consent or to refuse aspects of the works (e.g. special foundations).
Your party wall surveyor in Notting Hill can serve as the surveyor for either the building owner or the adjoining owner and can draft a party wall agreement that satisfies all parties. If the building work will take you outside the Act, your surveyor can help with the necessary permissions and licences, and can assist in covering any legal issues that might arise.
The Act requires owners who wish to make party wall alterations to first give their neighbours formal notice of the intent to alter. The Act also requires owners who wish to underpin the wall or otherwise make alterations to the basement below to give the same kind of notice. Failing to give the proper notice can not only delay your plans but can also expose you to the risk of being sued by your neighbours. It’s best to use an experienced party wall surveyor for this.
The served party wall notice informs you that your neighbour intends to carry out work that could affect your side of the wall. Whether you give consent or not, you need to respond within 14 days. If you do not object to the work, your neighbour can carry on with the plans as they were. If you dissent, a pair of surveyors (one for you, one for your neighbour) will look at the plans and decide whether it's safe to proceed. If you need surveyors to look at the plans, the cost is borne by your neighbour, the one carrying out the works.
A 10-day notice is served, which politely reminds them to come to a decision about the options laid out in the original notice. Should they remain quiet after that, the Building Owner is authorised to appoint a party wall Surveyor to act for the neighbour who isn't participating.
After your surveyor serves the Notice and waits for 14 days, if they have not received written consent by that time, they proceed on the assumption that a dispute exists and that they must appoint surveyors to resolve it.
No, because the Party Wall Act is facilitative. It effectively has built into it processes that resolve disputes and get the project under construction. An adjoining owner can "dissent" to a Notice, but that does not prevent the Award from being made. It gets made because surveyors have a duty to make it.
Generally, yes. If you are digging within 3 to 6 meters of your neighbour’s property or building right up to the legal boundary—it's advisable to engage with your neighbour ahead of time.
If you are undertaking work on a party wall, you are required to give notice. You don't actually need consent; you just need to prove that your work is within the scope of the Act. A wall may be drilled into if all parties to the wall agree that such an Act will not harm the wall structurally and that any sound or vibration produced by the works will not be harmful to their health or well-being.
Anyone who is involved in the disagreement can not be a party wall surveyor and therefore can not create their own award. Those who make the appointment must be independent and impartial in accordance with the Act.
You may, but your solicitor might well tell you that for the relevant matters, you need to go and see a party wall surveyor. After all, it is the party wall surveyor who is appointed when there is a dispute and who serves the Award.
It is if there is a challenge in progress. If the neighbours can come to some sort of agreement, then challenging the need for an award is feasible and may eliminate the need for an award altogether. However, if a neighbour insists on going ahead with the challenge and doesn't consent, then that award ends up being necessary. It is the only way to ensure that all parties have covered their legal bases.
No, once it is served and signed, there is no going back. A Party Wall Award can not be altered. An addendum Award can be produced to handle any necessary updates in some cases.
The Adjoining Owner's concerns can be handled without delay and without extra expense to them if they simply dispute the Party Wall Notice and appoint their own surveyor or agree to the appointment of one surveyor for both parties.
Absolutely. Without following the party wall process, you can not proceed with your works. If you serve notice before securing planning permission, it helps get the whole process moving. The best scenario is for planning permission to be granted and the party wall award to be in place so that you can start work without any delay.
It is advisable to meet your neighbour in person to discuss your plans before you serve notice. This gives you a chance to work out any problems that might emerge when you start the formal procedure and to enable your neighbour to suggest any alterations that might improve the plans. Of course, you will still need to serve a written notice on your neighbour.
While it's possible for anyone to serve a party wall notice, the typical practice—and the advisable one, in our view—is for a person to engage a surveyor to do it. The main concern is that if a non-surveyor homeowner were to attempt it, they would not word it correctly and it would end up being invalid. That is not a concern, however, when using a qualified party wall surveyor. They know the law very well, and they know how to describe the planned works accurately and properly. What they say in their notice carries legal weight.
It is certainly possible and many would argue that it is preferable. Where all the owners of the relevant adjoining properties confirm in writing that the building owner can go ahead without delay, this is ideal. Although, you should at least obtain a Schedule of Condition to cover yourselves.
If the adjoining owners can not reach a written agreement (if they are at odds or did not respond within 14 days), then the Party Wall Act comes into play. The Party Wall Act requires that both parties appoint a surveyor and that the surveyors work together to come up with a "party wall award." The surveyors must act independently but also make the decision together, as the two sides of the wall are obviously going to benefit from different outcomes. The award must be fair and reasonable, as well as statutory compliant.
For reasons of cost and efficiency, it is best to appoint just one surveyor for both parties, who in this case jointly selected by the two adjoining owners. We call the Surveyor in this situation an Agreed Surveyor. Of course, if one of the adjoining owners does not agree to this, then each owner must employ their own surveyor.
When a party wall is about to have work done on it, an adjoining owner must be served with a party wall notice. This notice must be given in the time set out in the Act and tells the adjoining owner what work is going to be done. For a party wall notice in relation to excavation, or building an entirely new wall, the time period is set at 1 month. For works to an existing party structure, the time period is set at 2 months.
Awards require the works to commence within 12 months of signing, ordinarily.
Typically, an Award expires if work has not started within a year, meaning 12 months from the date the Award was served. Expiry also occurs in the unfortunate event of ownership change (with new owners of either the building or the adjoining property).
Generally, the Building Owner pays all the costs associated with the process. The only time the Party Wall Surveyors’ fees might be incurred by the Adjoining Owner is when they are required to do work for the Adjoining Owner that is not necessary for the work the Building Owner is doing. Owners next door may have to pay part of the fees if they make unnecessary demands or occurrences.
Each surveyor has their own fee rate. Therefore, if you are a Building Owner, it is probably best to find out what the fee will be before you instruct the surveyor, as this will help you budget for the project. The standard answer is that a typical surveyor's fee is about £250 per hour and that a "simple" (actually, not too complicated) party wall case will take 6-8 hours, which amounts to £1,500 – 2,000 for each surveyor.
Yes, but a schedule of condition isn’t mandatory for Party Wall Awards. It is in everyone’s interest for the surveyor(s) to visit the Adjoining Owner’s property and make detailed notes of its condition.
What is the best way to ensure a good relationship with my neighbour in the context of a party wall? The best way, and certainly the simplest, is to keep them informed in advance and consider making some reasonable allowances for any design changes they might want to your wall. If good communication and neighbourliness are kept as primary objectives, the signed agreement will more likely serve as a road map to overcome hurdles.
Your neighbour can not stop the party wall agreement once the Act has been invoked. However, either party can delay the process. The adjoining owner often contests aspects of the work and raises concerns regarding health and safety, as well as access and nuisance (e.g. rubbish and noise). The building owner can also be the cause of most delays, either because they revise their plans one too many times or because they violate the Act.
If any work has been done that could relate to a future party wall dispute, a house sale might be at risk unless the conveyancers for the buyer can see a party wall award that covers off works previously completed.
Resolving a Party Wall dispute hinges on the type of disagreement. If you and your neighbour are at odds over something that could easily be modified in your construction plans (like the design of a basement, for instance), you might manage to work something out and put it in writing without needing to involve surveyors. But if your neighbour seems hell-bent on not letting you build, you should definitely start the legal process: serve them with notice and get an experienced surveyor to draw up the plans for your project.
Consult your Party Wall Surveyor if you have any other unresolved issues that are likely to affect the works. A dispute over your proposed works with the adjoining owner does not mean it’s the end of the road. Remember, your Party Wall Surveyor makes his or her determination not only for you but also for the adjoining owner, and that determination is all about keeping the peace and minimising potential damage.
When you and your neighbour can come to an agreement on one Party Wall surveyor, you can appoint an Agreed Party Wall Surveyor. In some circumstances, however, if a Party Wall Notice and relevant follow-up letters go unanswered, each owner must then appoint their own surveyor for the job.
RICS’s industry guidelines suggest building surveys for properties that are large, very old, in some disrepair, or have unusual features. Building surveys are also recommended if you plan to do any significant renovations or extensions.
If you’re purchasing a relatively modern home that’s in decent shape and built to ordinary standards, then a Home Buyer Survey is an acceptable choice. If you want the assurance of an inspection and report that are pretty much guaranteed to turn up any issues that might be hidden or just hard to see, then you should go for a Full Building Survey instead.
The Full Building Survey is more detailed; it is more specifically tailored to the property your surveyor would be inspecting. It also comes with more advice on the visible defects found and on the potential hidden defects that they suspect may be present. Your surveyor will illustrate reports with photographs so that you can clearly see what has been discovered. Both the Home Buyer and Full Building Surveys describe the repairs needed, the order in which the repairs should be done, and the kind of “maintenance measures” that will be required to keep the property in good condition.
A HomeBuyer Report does include a market valuation as well as reinstatement costs. However, a Full Building Survey does not. The main reason for the differences in what is and isn’t included in the two types of reports is how focused the reports are on the condition of the property. The Full Building Survey is the most in-depth and comprehensive survey of a property that you can have done.
Yes. The legal document known as a “party wall award” delineates the proposed construction work, the manner and timing of its execution, and the fee arrangement for the surveyors whose services will be required. It possesses legal authority if the project is ever challenged in court.
Looking for a Chartered Surveyor? If you are buying a property, contact us for a building survey. Our panel of CIOB, RPSA and RICS surveyors will help you with the Level 2 or Level 3 property survey you need in Notting Hill. We can also assist you in Red Book Valuations, Party Wall Awards and other services. Reach out to us today for building surveyors, valuers and party wall surveyors in London!
