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A Party Wall Notice is a means of communication that a building owner must serve on owners of adjoining properties (the “adjoining owners”) before commencing construction work (protected by the Party Wall etc. Act 1996). The Act governs work on “party walls,” which it defines quite broadly to include not just walls shared by two properties but also various kinds of structures that separate two living spaces, such as floors in a multi-story building, or even structures that are nearby (within 3-6 metres).
The sort of work that might be covered by the Act includes excavating a foundation for a new building right on the boundary between your property and the adjoining property or digging a basement right up against a party wall. When you serve a Party Wall Notice, you’re telling the adjoining owners what you’re planning to do and giving them a chance to consent or not consent in writing.
You can not get a party wall agreement after the fact. Even if work has recently been completed and the work is covered by the Act, you can not then serve a party wall notice and obtain an award. However, you can still serve notice late if works are already underway.
Tell your neighbours what you are up to so that they can understand and, if necessary, advise you on their concerns early on to limit any disagreement arising. This is the principle of good neighbourliness as it applies to work affecting a shared wall (a “party wall”).
Your intention to build or remodel on a party wall must be communicated to those who share the wall. This involves a legal document that covers the responsibilities and rights of both parties so that there is relatively minimal disruption and delay of the work at hand.
Party Wall Notices are designed to promote openness and co-operation between neighbours, as well as legal compliance, ensuring that shared structures like chimneys, boundary walls, foundations or loft conversions are preserved or improved for the benefit of both parties.
The following is a definitive guide to the Party Wall Act 1996. Whether you are looking to extend your home or conduct repairs on neighbouring party walls, this guide will help you navigate the process of serving a Party Wall Notice while minimising the risk of any disputes.
If you are planning to do construction work on or near a boundary that you share with a neighbour, the wall that you both share, and a nearby structure, then the Party Wall Act is likely to pertain to you. It covers not just normal wall construction but also big jobs like excavating deep basements or making major changes to a loft. The Act aims to avoid disputes between you and your neighbour by requiring that you give notice of your intention to work on the wall, the boundary, or a nearby structure before the work actually starts.
If you’re doing building work close to a neighbouring structure, your party wall surveyors will examine your plans and the proximity of you and your neighbour. They’ll decide if your work requires a notice to be served and, if so, will prepare and serve the notice.
You just write to the party wall surveyor whom you wish to appoint and ask them to act on your behalf. Then you sign their letter of appointment, which is usually issued after a dispute has arisen and the parties have been required under the Party Wall etc. Act 1996 to appoint surveyors.
You don’t need planning permission, but it is a condition of planning. So, what you are required to do is serve notice on any adjoining owners for notifiable works being carried out. You can serve notice before planning permission is obtained, but the party wall works can only be carried out once you have received the relevant approvals in respect of planning and building regulations and the party wall award.
Neighbours who are affected by the work have to respond within 14 days. If they fail to do this, the surveyor sends out a notice after the 10 days have passed, reminding the neighbour that they must respond. If they still don’t hear anything from the neighbour, the surveyor assumes the neighbour doesn’t wish to engage and appoints a surveyor for the neighbour under section 10(4) of the Act.
If you fail to serve notice, your neighbours can get a court order to stop your building work, known as an injunction, and you might have to pay for damages and costs. If your neighbour claims that you have damaged their property and you have not followed the correct legal procedure, a judge will probably side with your neighbour. This is true even if a Schedule of Condition (which documents the before-and-after state of your neighbour’s property) has not been completed.
You can do this, technically, but only if it’s after the notice period has expired, which is 1 month for an excavation or new wall and 2 months for a party structure. However, starting work before the Award can lead to some costly mistakes, mostly because the surveyors may set out conditions (which you may be in breach of if you’re working without the Award) that are essential for keeping the project running smoothly and maintaining the peace.
You don’t need to serve a Party Wall Notice for putting in kitchen units or shelves because this is non-structural work that doesn’t affect the party wall. However, you technically should serve notice if taking out plaster, for instance.
You can go ahead and contact one through us at this time. The Notting Hill Party Wall Surveyor team consists of trustworthy RICS surveyors with ample experience serving party wall notices.
They will also help with legal counsel which is necessary to see you through the process stipulated by the Party Wall etc. Act 1996.
Personalized help from a surveyor accredited by RICS can be expected when dealing with the matters of a party wall. These qualified professionals hold many years of experience, not only with the legislation that concerns party walls but also with the multitude of legal and technical details that are a part of the Act’s framework. These aspects make them specialists in party wall matters. Moreover, they always work to ensure that the client knows and understands the extent of their rights and responsibilities as they pertain to the Act.
The Full Building Survey involves a report that is written by our panel of surveyors, and it is their best work. Their equipment is state of the art may even use pole cams (camera poles) for the roofs. Because of this, your surveyor is able to see the accessible areas in an almost microscopic way to produce the most detailed report. This report might cover:
The factors that influence how long a building survey takes are the nature of the property, its size, and the difficulty of its problems. A site inspection usually requires 2-3 hours; this is, of course, a function of the property’s size. If the property is large or if you want specific trouble spots examined, allow for more inspection time.
The answer is: as soon as possible. We recommend that you get the follow-up call on the calendar within one week of receiving the survey report. The purpose of the call is three-fold. First, it allows you to discuss the report with the surveyor in a bit more detail than what may have been covered in the initial debrief. Second, it gives you the opportunity to raise any specific issues that showed up in the report that you’re concerned about or don’t fully understand. Third, it’s a good time to ask the surveyor for recommendations on next steps.
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.
The survey can return one of two general results. It can say that all is well or it can return a list of defects, allowing you an opportunity to still walk away from the purchase, negotiate a lower figure, or have the seller carry out the necessary repairs.
If any major issues turn out to be part of the defects list (and major issues can mean something as serious as no basement waterproofing), then the surveyor should advise on what to do. Major issues can also mean a serious impact on the structural integrity of the building, and the conversation with the surveyor can help the potential buyer gauge how much it’s going to hit them in the pocketbook to fix it.
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!
