What is The Party Wall etc. Act 1996?
The Party Wall Act came into force in 1997 and provides a means for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.
Anyone who intends to carry out works which falls under the Act must give notice to the Adjoining Owners of their intentions.
The Ministry of Housing, Communities and Local Government have written a guide which you can read in the link below to help explain the purpose of the Act and the overall process. Every project is different therefore we recommend you seek professional advice before proceeding with any planned works, or replying to any notice which you may have received.
I’m planning on undertaking works…
If you’re planning to carry out work to a party wall, or build close to a neighbouring property, it is likely that the Act will apply and you will need to serve the relevant notices. You should consult a Party Wall Surveyor at the earliest opportunity as notices may need to be served no less than two months before works start.
We are able to review your design, prepare and serve the relevant notices on your behalf. This will include annotating your drawings to identify the work and provide any necessary explanatory notes for your neighbour. Under the Act you can serve the notices yourself if you wish and we are happy to help guide you through the process if you need us to.
I’ve received a notice from my neighbour…
If you’ve received a notice from your neighbour you should consult a Party Wall Surveyor in the first instance to advise what to do next. The works may be simple in nature and you might have no objections to your neighbour proceeding, however; if you consent to the works before seeking advice you may forfeit some of the protection offered by the Act. If you do consent to the works, your neighbour can begin once the notice periods have expired.
If you choose not to consent to the works (dissent) you must appoint a surveyor. Under the Act you can agree to using the same surveyor as your neighbour (called an Agreed Surveyor). Alternatively you are entitled to appoint your own surveyor (called an Adjoining Owner’s Surveyor) to act on your behalf and their fees should be met by the person carrying out the works (your neighbour for instance).
If you receive a notice and are unsure what to do next, please contact us and we will be happy to help.
I’ve received an unsolicited letter from a surveyor…
You may have received an unexpected letter from a firm informing you that your neighbour is planning to carry out an extension, loft conversion, basement conversion or the like and suggesting that you appoint them to act as your surveyor as it is likely their proposed works will fall under the Act. It is often the case that companies check the local authority’s website to view recently submitted planning applications in order to locate work.
In an ideal world you would already know about the extension as your neighbour would have consulted with you in advance and whether the Party Wall Act will apply. Unfortunately this is not always the case and it can be the first time you hear of their proposed works.
You should speak with your neighbour at the earliest opportunity to find out what they are planning to do. If they are not aware of the Act, you should point them in the direction of the explanatory booklet in the link above in case they are unaware that they need to serve notice.
How much does it cost?
The fee will depend on the type of work and how the adjoining owners respond to the initial notices. We offer fixed fees to provide you with greater cost certainty and value for money. Where we are appointed as an Adjoining Owner’s Surveyor we carry out our work on an hourly rate basis.
For a domestic project (loft conversion, extension or the like excluding basement works) located in Greater London, our typical fees would be:
To review proposed design information and prepare a notice: £145.00
To carry out a schedule of condition and provide a written report with accompanying photographs: £495.00
To prepare a Party Wall Award with one adjoining owner including a schedule of condition: £995.00
If you are planning a project please contact us using the button below to obtain a fee proposal.