FAQ

What is a Party Wall?

In simple terms a Party Wall divides the buildings of two owners with the boundary between ownerships usually, but not always, positioned at the centre of the wall. There are also Party Fence Walls which are not part of a building. They stand astride the boundary line between lands of different owners and are used to separate those lands. Wooden fences, or even fences with concrete posts, are not party fence walls. There is also a Party Structure which refers to dividing structures such as floors or other partitions. This is more relevant for flats. Not sure whether your project affects a party wall? Give us a call for some informal, helpful advice.

How do I know if my building works fall within the Party Wall etc Act?

The Party Wall etc. Act covers three distinct areas of work:

● Building a new wall on the boundary
● Works to a Party Wall
● Excavating near a neighbour’s foundation

Refer to our Party Wall Guidance page for more details on each section of work.

To be absolutely certain of your responsibilities, simply contact us and we will advise at no cost.

How long does the party wall process take?

The Party Wall process starts once the Notice is served to your neighbour. This enables the Act and the notice period to start. The notice period can range from one to two months. However, if your neighbour agrees in writing, works can start earlier than the required notice period.

Can my neighbours stop our work going ahead?

The Act is there to protect both the owner wishing to carry out the work and the neighbour who may be affected. However, it is not a tool to prevent building work from starting. In fact, it is quite the opposite where responses are required within certain periods of time and if either no response is received, or a dispute arises, there is a facility for an agreement to be awarded.

My neighbours did not object to my planning permission, do I still need to consider the Party Wall Act?

YES. If any of your works full within the scope of the Act then you are required to serve notice. Even if your neighbour has given their informal consent you are still required to serve notice.

What works do not require a Notice?

There are some works on a Party Wall that are so minor that service of a Notice is not usually necessary and can include:

● Drilling into Party Walls to fix plugs and screws
● Shallow chasing into Party Walls to add or replace recessed electric wiring
● Re-plastering
● Boundary fences, sheds or temporary structures

What will happen if I do not serve a Notice?

Should the Building Owner choose to commence work without having issued a Notice, an Adjoining Owner may seek a Court Injunction to prevent you continuing and/or requiring you to remove any works already carried out. The Adjoining Owner’s legal costs could also be awarded against the Building Owner.

My neighbour has consented to my Notice, what do I do now?

Your requirements under the Party Wall Act have been fulfilled and no further action is required.

However, we would still recommend a Schedule of Conditions is taken. If the original condition of the neighbouring property(ies) is not established before the works commence by way of a Schedule of Conditions, it would be difficult, if not impossible, to defend against claims for damage.

My neighbour did not respond to my Notice so can I go ahead with my building work?

The Act requires a response to a Notice within a 14 day period. If they do not consent by the end of the 14 day period they are deemed to have dissented and must appoint a party wall surveyor. If they fail to appoint a surveyor after a further reminder the Building Owner must appoint somebody on their behalf.

I have been served with a Notice, what should I do?

Firstly it is important to respond within 14 days. You will often be given three options: consent to the works; dissent and agree to use a single surveyor; dissent but request to use your own surveyor. Each response has its own merits and we would advise to speak with us to talk through each option. If you do not understand the works that are proposed or what effect they may have on you, we are able to review the information and provide feedback before your required response time.

As an Adjoining Owner, who can I appoint?

You can appoint any Party Wall Surveyor you wish. Party Wall Surveyors are required to act impartially and therefore we quite often advise agreeing to the same surveyor as the building owner. This will prevent additional costs for your neighbour. However, we would advise you to check the credentials of the proposed surveyor before proceeding. We offer a very reasonably priced service and therefore if you would prefer to use a separate surveyor our costs would ensure that the costs for your neighbour would be kept to a minimum.

If I consent to a Notice, can I still appoint a surveyor later if a dispute subsequently arises?

Yes, but only if the disputed matter relates to work that is the subject of the Notice.

What action can I take if I don’t like the terms of the Party Wall Award?

The Building Owner or the Adjoining Owner may appeal against the terms of the Award at the County Court within 14 days. The appeal should concern a ‘point of law’ not a ‘point of fact’. This means your complaint against the Award should NOT be based on a proposed action you simply do not like, or which would prevent work being carried out on technical grounds. It is strongly recommended to seek legal advice first.

Who pays the surveyors fees?

Under normal circumstances the building owner would pay the fees, as they are the one undertaking the works, usually for their benefit. However, the fees need to be reasonable.

How much does the process cost?

This can vary widely depending on a number of factors including on how the neighbour/s respond.

If they consent to the Notice then you would have only borne the cost of the Notice. If they dissent and agree to use a single surveyor, then you will only pay their cost. If they dissent and they elect to use their own surveyor, you would be required to pay both surveyors’ costs.

We can keep the costs of our services low due to our comparably lower hourly fees. Some surveyors quite often charge between £120-£250 per hour! Our fees are £95 per hour which we believe is more reflective of the work involved.

Why isn’t the Party Wall Studio a member of RICS?

Our Director and Founder Lee Whiteman BA(Hons) MArch RIBA ARB is a member of RIBA (the Royal Institute of British Architects), registered with ARB (Architects Registration Board) and a member of the Faculty of Party Wall Surveyors and has experience gained in award- winning architectural practices. Lee Whiteman is eligible to become a member of RICS but it is not a requirement to practice as a Party Wall Surveyor and therefore the professionalism and codes of conduct required by RICS is not beyond what we already adhere to for being a member of RIBA and registered with the ARB.

This combination of expertise and qualifications makes us perfectly placed to look at your Party Wall requirements from every angle and give you sound, impartial advice.

Can the Party Wall Act be used to resolve boundary disputes?

No. The Party Wall Act does not have any provisions that can be used to solve Boundary Disputes. These disputes must be resolved through the courts or by mutual agreement of the involved parties.

Can a party wall award be applied retrospectively?

There are a number of things you can only do to a party wall after notifying and receiving a written agreement from a neighbour, which means the award is not usually applied retrospectively. If works start without consent, then it will be a matter of having to deal with any consequences i.e. damage to the adjoining property. If this cannot be agreed between neighbours, it will have to go to court.

When does a party wall award expire?

The notice is only valid for 12 months, so the notice should be served with this in mind and not too long before you are looking to start any work (see How long does the Party Wall process take?).