Party Wall Notice

Being unaware of a duty to serve Party Wall Notice under The Party Wall etc. Act 1996 is not a defence. Some people do not factor in the costs of compliance with The Party Wall etc. Act 1996 before they commence works. Some choose to ignore the legislation, in the belief they are saving themselves time and money. This incorrect course of action leads to delays to their project, neighbourly dispute, possible court action and associated costs.

Party Wall Notice will prevent court action

The Requirement For Party Wall Notice

The Party Wall etc. Act 1996 requires Building Owners to serve relevant party wall notice to Adjoining Owners up to 2 months before notifiable works commence. When party wall notice is not served and it can cause friction between neighbours. In the worst case scenario where works have begun Adjoining Owners can apply to the Court and gain an injunction against the works. There are upfront costs for doing this, which are usually recoverable from a Building Owner. What Building Owners can also overlook by neglecting to serve notice is that certain rights granted by the Act are also not invoked (such as access in their neighbour’s land, to undertake notifiable works).

In many cases serving party wall notice is simple. By notifying a neighbour that works are going ahead there is less likelihood of a dispute occurring. Issuing notice/s with a polite letter explaining what the works are is far cheaper and easier than a court injunction and costs, then living with the resulting bad feeling.

Ignorance Is No Defence

The Party Wall etc. Act 1996 is now well established legislation. There is no good reason to ignore it. The courts will invariably find against anyone who does, either wilfully or through genuine ignorance. The cost of not serving a valid party wall notice may prove to be the costliest oversight of the whole project. The adage of Ignorantia iuris nocet applies. Not knowing the law is harmful.

We Can Help

If you are having works undertaken to your property that is likely to affect your neighbour’s property contact RMA Surveyors Ltd and we will be pleased to assist you serving the correct notice to avoid future and costly disputes. RMA Surveyors Ltd are members of the RICS. Please contact us and we will be happy to help.

A Party Wall Matter

Party Wall workWe recently acted as a Party Wall Surveyor for an adjoining owner, in Newbury, Berkshire.

The works being undertaken by the next door neighbour included an extension to the rear of the building and some cutting in and weathering of the Party Wall.

The owner that we acted for was concerned that their second floor flat may be affected by the works. We checked that the Party Wall notice that had been issued was valid, contacted the building owners surveyor and liaised with them to confirm the method and approach to which works affecting the Party Wall should be undertaken. In addition we took a schedule of condition of the property prior to the works commencing.

We have now issued an Award and works are underway.  Our final piece of involvement should be to attend site once works have been completed to ensure they have been undertaken satisfactorily and have not affected our appointing owner’s property.

If you have a Party Wall enquiry or have been served with Notice under the Party Wall Act, please contact us on 01635 579208 or by using the contact form. We will be happy to act on your behalf.

Multiple Party Wall Awards

party wallWe undertook an instruction as Party Wall Surveyor to act on behalf of a building owner who was developing a site in Newbury.

The site itself was bounded by some residential properties at the front and a commercial property to the rear. The residential property at the front also had a retail unit on the ground floor.

To properly undertake the instruction notice was required to be served to all adjoining owners with an interest in the property. This included the freeholder of the residential units, the leaseholder of the retail unit and the freeholder of the commercial unit to the rear. Fortunately, the leaseholder and the freeholder of the commercial unit were the same party.

All parties dissented to works and required the appointment of their own surveyor to act on their behalf. In actuality, one of the adjoining owner’s surveyors acted on behalf of two parties, with a second adjoining owner acting on behalf of the other party.

Three separate Party Wall Awards were required to be issued. In order to minimise the cost to our appointing owner who would be responsible for all fees, we made assessment of adjoining owner’s fees and agreed a reasonable rate. We also organised to meet all surveyors out on site on the same day, to minimise time on site while discussing the critical issues that needed to form the basis of the Party Wall Award.

Without our professional input, the developer may have found difficulty in identifying the correct parties to serve the notice on, issue applicable notices, liaise with adjoining owner’s surveyors and form a Party Wall Agreement.

It is often thought by building owners that the Party Wall process is easily managed by themselves but we have often found that parties that have issued notice have issued invalid notice, which can delay works or can become confounded by the detail surrounding the Party Wall Act and can quickly find themselves out of their depth when matters become more complex.

If you have any Party Wall issues, please contact us for advice on 01635 579208 or complete the form below and we’ll get in touch.

Contact Us

Fill in the below form to contact us today.

  • If you are requesting a survey quotation please provide the address and postcode of the property.
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Clear Party Wall Explanation

Party WallWe recently were instructed to act as a building owner’s Party Wall surveyor near Reading. On receiving the plans from the building owner’s architect, we were able to make a full assessment of the types of notices required and duly issued them to the adjoining owners.

On issuing the notices we also provided a cover letter explaining, in less formal terms, the implications of the works required, how these would affect the adjoining owners, as well as providing a full and clear description of the Party Wall process. In doing so we demonstrated to the adjoining owners exactly what was involved and what their options were. The adjoining owners were content with the explanation.

The clear and concise way in which we dealt with issuing notices meant that the adjoining owners were satisfied that they understood what was involved. As a result, they consented to the works without a Party Wall Award needing to be in place prior to commencement. This in turn saved our client (the building owner) money in terms of Party Wall Surveyor fees.

We strongly believe that Party Wall issues should be dealt with in a professional and transparent manner and in accordance with spirit of the Party Wall Award Etc. Act 1986.

It is our duty as Party Wall surveyors to provide clear and concise advice and to minimise accruing costs to the owners responsible for paying the fees.

If you require advice on a Party Wall issue, please contact us to discuss it further or complete the form below and we’ll get in touch.

Contact Us

Fill in the below form to contact us today.

  • If you are requesting a survey quotation please provide the address and postcode of the property.
  • This field is for validation purposes and should be left unchanged.

Understanding a Party Wall Award

A picture of a wallWhat is a Party Wall?
In short, it is a wall or structure that separates buildings belonging to two or more different owners.

This could be a wall in your property attached to your neighbour (e.g. semi-detached house or flat), a garage wall linked to another property, or a garden wall built astride a boundary (known as a Party Fence Wall). Separating floors in flats and shared chimneys are also party structures.

What is the Party Wall etc. Act 1996?
The Act is designed to avoid and minimise disputes between the two owners of a party structure.

It ensures that the Building Owner carrying out the work notifies the Adjoining Owner in advance of the proposed works that are likely to affect the Party Wall.

TOP TIP: It is a good idea to talk to your neighbours about your plans before serving the notice as that will greatly increase the chances of them agreeing, or at least concurring in the appointment of an ‘Agreed Surveyor’.

How does the Act work?
Certain works are deemed to be ‘notifiable’ under the Act. Typical examples include cutting into a party wall to take the bearing of a beam (e.g. in a loft conversion); inserting a damp proof course (even if only to your own side of a party wall); demolition and rebuilding of a party wall or structure; raising a party wall; underpinning a party wall or part of a party wall; and excavating within three or six metres of a party structure.
The Act details the requisite notice periods applicable in each situation.

In the event of a ‘dispute’ in response to any notice served, the parties (the Building Owner and the Adjoining Owner) must either each appoint their own Surveyor, or decide to appoint a single ‘Agreed Surveyor’. The Surveyor must act impartially. They are not appointed to win the argument for either side.

The purpose of this appointment is the resolution of the dispute by way of a Party Wall Award.

What is a Party Wall Award?
A Party Wall Award is a legally binding document drafted and served by the appointed Surveyors, or Agreed Surveyor, to agree how works should be executed.

It sets out the nature of the proposed works, together with details as to who is responsible for the cost of the works and any associated fees.

The Award will contain a Schedule of Condition to record the condition of the Adjoining Owner’s property prior to commencement of any works; this may be needed for later referral in determining the extent of any damage as a direct result of the awarded works.

The Award will usually also state which party is responsible for implementing any remedial works in the event of resultant damage.

Does the Party Wall Act apply to you?
The Party Wall etc. Act 1996 applies to all ‘notifiable’ works in both residential and commercial property and includes:
• The building of a new wall on the line of junction (boundary) between two properties
• Works to a Party Wall
• Works to a Party Fence Wall
• Excavations – excavating foundations within three metres of a neighbour’s structure and lower than its foundations OR excavating foundations within six metres of a neighbour’s structure and below a line drawn down at 45° from the bottom of its foundation

Call RMA Surveyors Ltd on 01635 579208 for guidance on the Party Wall etc. Act 1996 or to enlist our services as a Party Wall Surveyor.

For further information, read the RMA Party Wall information page or download the RICS Information Guide

How do you know if the Party Wall Act etc 1996 applies to works?

New structure adjoining older structureIf you are planning on undertaking building works the Party Wall etc Act 1996 may apply. If you do not know of a requirement to serve or respond to notices you are not alone and we can help.

Many people are unaware of their obligations and rights that the Party Wall Act provides. Building works that proceed without complying with the Act can lead to significant difficulties, legal action, and a breakdown in neighbourly relations. Iit is not just building works directly affecting a party wall or boundary wall that may require action under the Act.

A Building Owner may decide to build a permanent structure on his own land within 6 meters of a neighboring party structure, build near or on a boundary or cut into or otherwise alter an existing party wall. In all these cases the Party Wall Act can apply. The Act allows for a Building owner to progress with works whilst protecting the an Adjoining Owners’ interests.

Where an Adjoining owner has concerns regarding a neighbors’ proposals they can appoint an independent party wall surveyor to provide help and explain the implications and procedures of the Act.

The requirements of the act stipulate that where there is a disagreement, a Party wall surveyor can step in to guide the process according to a defined protocol. Anyone can act as a Party Wall Surveyor. However a surveyor should ideally be experienced in construction,  have read, understood and be able to operate within the Act, interpret technical details, drawings and ultimately work diplomatically to provide swift resolution.

Six Steps to a Party Wall Award

Party wallRecently we have had a number of requests for information regarding party wall procedure. With the aim of providing guidance the following is an overview of the basic procedure of serving Party Wall notices:

1. Firstly, do you need to issue a party wall notice? For the sake of argument let’s say you do. Do you know what type of notice needs to be served? A line of junction notice? A party structure notice? Or a notice of adjacent excavation? In some cases it may be just one in some cases it may be all three. This can easily be determined by any good Party Wall Surveyor who knows the Party Wall Act.

2. Secondly, on whom are you serving notice? Who is the freeholder? Are there any leaseholders? Does the proposed work affect more than one structure? If so, there are likely to be a number of parties to whom notice must be served.

3. With the aforementioned identified notice can be served. RMA Surveyors Ltd are often asked to become involved in Party Wall matters after notice has been served. Clients sometimes see an early saving being made by not appointing a Party Wall Surveyor, as the process seems simple at the outset. However, as the process develops it can become more complex and Building Owners seek to appoint Party Wall Surveyors to untangle the knots. We would say two things at this juncture. Firstly, fees for initial notice are usually minimal. Secondly, issue of the correct, properly drafted notices at the outset will save time. If a notice is not correct, it is invalid and another valid notice must be served. It can take two months before works can start from date of issue of a valid notice.

4. Valid notice is served to the Adjoining Owner. They now have fourteen days to respond. The adjoining owner can assent or dissent to the proposed works. If the adjoining owner does not respond in this period, works are deemed to be in dispute. If the Adjoining Owner agrees to works, the Building Owner may, by written agreement, proceed with works. We strongly recommend a condition survey of the Adjoining Owner’s property be undertaken prior to works commencing, to provide a benchmark and avoid later dispute.

5. If no response is received or the Adjoining Owner dissents to works the building owner will need to write to the adjoining owner to request they appoint a Party Wall Surveyor. The Adjoining Owner may opt to use the Surveyor appointed by the Building Owner. They may prefer to appoint their own Surveyor. In most cases the fee for the Adjoining Owner’s Surveyor will be borne by the Building Owner.

6. Once appointed the Agreed Surveyor or Surveyors should then work to draw up a Party Wall Award. A Party Wall Award is the framework whereby works affecting the party structure are to be executed. A condition survey of the Adjoining Owner’s property will be undertaken. Once the Party Wall Award is agreed and published works can commence from the date stated within the Award.

Please also see our Party Wall Pitfalls blog with more useful guidance about the Party Wall process.

Party Wall Pitfalls

Increasingly I find that neighbouring owners attempt to use The Party Wall etc Act 1996 to try and prevent works from going ahead. In actual fact the Act gives homeowners the right to complete work where a party wall or party structure is likely to be affected. It is not an injunction or method of prevention.

On several occasions I have attended a site to meet with a neighbour who does not want works to begin and is intent on pulling out all the stops to prevent works going ahead. In my experience the neighbour has usually had no notification that works are going ahead. The first they knew about it was when a spade struck the ground and lifted them from their slumber, or a planning notice letter fluttered onto their doormat. This is the crux of many party wall issues and I will come back to it later. In some cases the neighbour will, by any means necessary, try to prevent works. Inevitably they turn to the Party Wall Act in the hope that this legislation will curtail works.

In fact the opposite is true. To add to their frustration a surveyor appointed to act in regard to their interests is actually acting in the interests of the wall. They must act impartially in agreeing an award. Any surveyor who claims you are their ‘client’ and are acting in your interests in regard to a party wall award is misinformed. It is worth reiterating that the person undertaking works is known as the Building Owner and the neighbour is known as the Adjoining Owner. A Party Wall Surveyor acting on behalf these parties is either the Building Owners Surveyor or the Adjoining Owners Surveyor. Once appointed the surveyor cannot be disinstructed to act on behalf of an owner, and the terms of an award can only be contested in the county court.

A Party Wall Award will determine the right to execute works and govern the conditions by which work is completed, specifically in relation to works affecting a party structure. I recently completed an award where around 1% of the contract related to works affecting a party structure. The adjoining owner was reasonably disgruntled that the remaining works proceeded without the requirement for consultation.

At worst issuing party wall notices and agreeing an award is an inconvenience and extra expense for a building owner. Unless the award is particularly protracted or complicated, a surveyor will limit their fees by minimising time spent as much as possible. Were a party wall award not in place and an adjoining owner’s building was damaged, party wall surveyor fees compared to potential costs and legal fees are a drop in the ocean.

As previously stated many party wall instructions arise as the works are already being disputed because no negotiation with the neighbour has taken place prior to a planning application or a spade in the ground. In my experience the quickest route to preventing a protracted and bitter dispute with the neighbours is to go round and talk to them in the first instance. Tell them what you plan to do, why you plan to do it. Make them feel involved, it costs nothing and could save you a lot in the long run. Explain that you will be issuing a party wall notice and do so in plenty of time. Always suggest a schedule of condition is undertaken, even if works are not being disputed and no award is required. Remember, when the builders dust settles and the professionals have all been paid, your neighbour will still be there to glare or smile at you over the fence.

If you have a party wall issue or require some advice please contact us. RMA Surveyors Ltd will be happy to give an initial free consulation to ascertain your requirements.

Richard Mountain MRICS