Party Wall Surveying
The Party Wall Act provides a means of resolving disputes involving party walls, boundary walls and excavations near neighbouring buildings.
It sets out the rights of building owners and obliges them to issue Party Wall Notices to all adjoining owners affected by the proposed work – the Act lays down the rules stipulating the contents of notices and when they should be issued.
If the adjoining owner disagrees with a notice or fails to respond within 14 days, then a dispute is deemed to have arisen. Owners are then each obliged to appoint a Party Wall Surveyor, or alternatively, to appoint an Agreed Surveyor to act for both owners.
The Agreed Surveyor will then prepare a document encompassing all relevant matters associated with the proposed works, called a Party Wall Award. If two Party Wall Surveyors have been appointed, they will agree the content of the Party Wall Award – with which both owners are obliged to abide.
What to do to as an Owner
1. Serve notices to each Adjoining Owner. There are specific definitions of owners which includes:
- freeholders
- leaseholders with more than a year’s lease remaining
- those under contract to purchase the property
- those entitled to receive rents
2a. If all Adjoining Owners agree, then proceed with the work following expiry of the relevant notice period
2b. If a dispute arises, then appoint a Party Wall Surveyor in writing, ensuring that the Adjoining Owner is notified accordingly.
3. The Building Owner’s Surveyor will evaluate and agree with the Adjoining Owner’s Surveyor(s) all relevant matters associated with the works, and issue a Party Wall Award(s) to the owners.
What to do as an Adjoining Owner
1. If you receive a Party Wall Notice from a Building Owner you may wish to accept the proposals, in which case you should do so, in writing. Works may then proceed after the required notice period has expired or earlier if you agree.
2. If you receive a Party Wall Notice and you are not sure if it has been issued correctly, or you disagree with it, or you wish to ensure that your concerns and interests are represented by a surveyor, you should respond to the Building Owner in writing stating that you are ‘in dispute’. Being ‘in dispute’ is a term under the Act and does not necessarily mean that you are having an argument with your neighbour.
3. If you do enter into dispute, then you will need either to appoint your own Party Wall Surveyor or you will need to agree with the Building Owner on an Agreed Surveyor to act for you both. In either case you should appoint your Surveyor in writing and ensure that the Building Owner is notified accordingly. Your appointed Surveyor’s fees are paid by the Building Owner, in all but exceptional circumstances.
4. The Surveyor(s) will agree all relevant matters, prepare a Party Wall Award, and issue it to the Owners. Normally the works will then proceed, after 14 days. Those works must be undertaken in accordance with the Award.
We are an experienced practice who specialise in Party Wall matters on all types of property, and have done so since the Act came into force.
Our aim is to assist owners to avoid Party Wall disputes wherever possible by advising on how to design-out problems. Where it is not possible to do this we always act with impartiality, and endeavour to resolve disputes speedily.
If you are unsure whether your issue is a Party Wall matter, please call us without obligation for free advice.