When undertaking construction work that affects shared walls between properties, navigating the complex legal requirements of the Party Wall etc. Act 1996 is essential. RICS party wall surveyors play a crucial role in ensuring compliance with regulations and resolving potential disputes between neighbors. This guide explains the importance of RICS-accredited professionals, when they’re legally required, and how they can protect your interests during property alterations.
Understanding Party Wall Agreements Under UK Law
Diagram showing a party wall between two properties with RICS party wall surveyors examining documents
A party wall is a structure that stands on the boundary between two properties with different owners. Under the Party Wall etc. Act 1996, this includes walls that form part of one building, walls that separate two buildings, and garden walls built along a boundary. The Act also covers floor partitions between flats and excavation work near neighboring buildings.
A party wall agreement (formally known as a Party Wall Award) is a legally binding document prepared by surveyors that governs how construction work affecting party structures should proceed. This agreement protects the interests of all property owners involved and helps prevent disputes by clearly outlining responsibilities, working methods, and potential compensation for damage.
The agreement typically includes:
- Detailed description of the proposed works
- Method statements and working practices
- Condition surveys of affected properties
- Working hours and access arrangements
- Protection measures for adjoining properties
- Provisions for compensation if damage occurs
When RICS Surveyors Are Legally Required
The Party Wall Act requires property owners to serve notice on adjoining owners when undertaking certain types of construction work. RICS party wall surveyors become legally necessary in the following scenarios:
Building Work on Party Walls
When you plan to cut into a party wall, insert beams, remove chimney breasts, raise the height of a party wall, or demolish and rebuild a party wall, you must serve notice to adjoining owners.
New Boundary Construction
If you’re building a new wall up to or astride the boundary line between properties, the Act requires proper notification and potentially surveyor involvement if neighbors dissent.
Excavation Near Boundaries
Excavating within 3 meters of a neighboring property (and deeper than their foundations) or within 6 meters if the excavation will cut a line drawn at 45° from their foundation requires formal notice.
When an adjoining owner dissents to a party wall notice or fails to respond within 14 days, the law deems a dispute to exist. At this point, each owner must appoint a surveyor, or they can jointly appoint an “agreed surveyor” to act impartially for both parties. These surveyors will then prepare a Party Wall Award to resolve the dispute.
Need Expert Party Wall Advice?
Our RICS-accredited surveyors can help determine if your project requires party wall notices and guide you through the entire process.
RICS vs Non-RICS Surveyors: Why Credentials Matter
RICS-Accredited Surveyors
- Regulated by the Royal Institution of Chartered Surveyors
- Adhere to strict professional and ethical standards
- Mandatory professional indemnity insurance
- Access to RICS dispute resolution service
- Continuous professional development requirements
- Subject to disciplinary procedures if standards not met
Non-RICS Surveyors
- No mandatory regulatory oversight
- Variable professional standards
- Insurance coverage not guaranteed
- Limited formal dispute resolution options
- No mandatory continuing education
- Less accountability for professional conduct
While the Party Wall Act doesn’t specifically require surveyors to be RICS-accredited, choosing a RICS professional provides significant advantages. RICS surveyors bring specialized knowledge of construction, property law, and dispute resolution that ensures party wall matters are handled correctly and fairly.
In complex cases or high-value properties, the expertise of RICS surveyors becomes even more valuable. Their impartiality is backed by a professional code of conduct, and they can access additional RICS resources when challenging technical or legal questions arise.
Step-by-Step Process for Hiring a RICS Party Wall Surveyor
Important: If your neighbor has already appointed a surveyor, you cannot use the same one unless both parties agree to appoint them as an “agreed surveyor.” If you fail to appoint your own surveyor within 10 days of being requested to do so, your neighbor can appoint one on your behalf.
When hiring a RICS party wall surveyor, be prepared to provide detailed plans of your proposed works, property deeds if available, and contact information for adjoining owners. Clear communication about your project timeline and any specific concerns will help the surveyor provide more accurate guidance and representation.
Case Study: Resolving a Boundary Dispute in London
Before and after images of a resolved London boundary dispute with RICS party wall surveyors mediating
The Situation
In Kensington, London, a homeowner planned to build a two-story rear extension that would require excavation within 3 meters of the neighboring property. The neighbors were concerned about potential structural damage to their Victorian home and disputed the boundary line shown on the submitted plans.
The Challenge
Initial discussions between the property owners broke down, with disagreement over the exact boundary position and appropriate safeguards for the excavation work. The project faced significant delays and potential legal action.
RICS Surveyor Intervention
Both parties appointed RICS-accredited party wall surveyors who:
- Conducted a thorough boundary determination using historical deeds and land registry documents
- Prepared a detailed schedule of condition for the adjoining property
- Specified appropriate temporary works design for the excavation
- Implemented a monitoring regime to track any movement in the neighboring structure
- Negotiated working hours and access arrangements acceptable to both parties
The Outcome
The RICS surveyors produced a comprehensive Party Wall Award that:
- Clearly defined the boundary position based on professional analysis
- Required the building owner to use specific construction methods to minimize risk
- Established a £5,000 security fund to be held until works were completed
- Created a dispute resolution framework for addressing any issues during construction
The project proceeded without further disputes, was completed on schedule, and no damage occurred to the neighboring property. The professional approach of the RICS surveyors transformed a potentially costly legal battle into a managed construction process that protected both parties’ interests.
Frequently Asked Questions
How much do RICS party wall surveyors cost?
RICS party wall surveyor fees typically range from £800 to £1,500 for standard residential projects. Costs vary based on:
- Project complexity and scale
- Number of adjoining owners
- Location (London fees are typically higher)
- Whether you’re the building owner or adjoining owner
Building owners usually pay both their surveyor’s fees and those of the adjoining owner’s surveyor. However, if the adjoining owner makes unreasonable demands that increase costs, the award may apportion fees differently.
What happens if my neighbor objects to the party wall notice?
If your neighbor (adjoining owner) objects to your party wall notice or doesn’t respond within 14 days, a dispute is deemed to exist under the Act. At this point:
- Both you and your neighbor must appoint surveyors (or agree on a single “agreed surveyor”)
- The surveyors will prepare a Party Wall Award that legally determines how the work should proceed
- If either party disagrees with the award, they have 14 days to appeal to the County Court
The dispute resolution process doesn’t necessarily prevent your project from proceeding, but it does ensure that appropriate safeguards are in place to protect all properties involved.
How is a Party Wall Award enforced?
A Party Wall Award is a legally binding document. If either party fails to comply with its terms:
- The affected party can apply to the County Court for an injunction to enforce compliance
- The court can order work to stop until the terms of the award are met
- Costs for legal proceedings are typically awarded against the non-compliant party
- Continued non-compliance can result in contempt of court charges
RICS surveyors can provide expert witness testimony if enforcement action becomes necessary. However, with properly prepared awards, enforcement issues are relatively rare as the process is designed to create clear, workable agreements.
Can I use any RICS surveyor for party wall matters?
While all RICS surveyors meet high professional standards, not all specialize in party wall matters. For best results:
- Look for surveyors who specifically advertise party wall services
- Check for additional qualifications such as membership in the Faculty of Party Wall Surveyors
- Ask about their experience with projects similar to yours
- Request examples of previous Party Wall Awards they’ve prepared
Specialized party wall surveyors will have deeper knowledge of relevant case law and technical solutions for complex situations, potentially saving time and reducing the risk of disputes.
Expert RICS Party Wall Surveying Services
Need Professional Party Wall Advice?
Our team of RICS-accredited party wall surveyors provides expert guidance for all aspects of party wall matters. Whether you’re planning construction work or responding to a neighbor’s notice, we ensure your interests are protected.
“The expertise of our RICS party wall surveyor was invaluable. They explained everything clearly, handled all the paperwork, and ensured our extension project proceeded without any neighbor disputes.”
Protecting Your Property with RICS Expertise
RICS party wall surveyors play a vital role in ensuring construction projects proceed legally and safely while protecting the interests of all property owners involved. Their specialized knowledge of the Party Wall etc. Act 1996, combined with technical construction expertise and dispute resolution skills, helps prevent costly delays and maintain positive neighbor relations.
Whether you’re planning works that affect party structures or responding to a notice from a neighbor, engaging a qualified RICS professional provides peace of mind that your legal rights and property are properly protected. With clear guidance through the complex party wall process, you can focus on your project goals while minimizing the risk of disputes.
For personalized advice on your specific situation, contact a RICS-accredited party wall surveyor who can assess your needs and provide tailored guidance for your property and project.
