Party Wall Process

The Party Wall ProcessThe Party Wall etc. Act 1996 is designed to avoid and minimise disputes. It makes sure property owners notify adjoining owners in advance of proposed works. However, the Party Wall process can seem daunting and/or complicated. To ensure peace of mind that you are following the correct procedure when it comes to your building work, contact RMA Surveyors, Newbury Berkshire to help guide you through the Party Wall process.

RMA Surveyors provide expert advice on the Party Wall process, as one client recently gave testimonial to:

We appointed Richard Mountain of RMA Surveyors to act on our behalf, as our neighbours had commenced work excavating right next to our house, without serving a party wall agreement.  Richard’s knowledge and expertise helped resolve the issue and allowed our neighbours build to continue whilst protecting our property, which was our biggest concern.  Unfortunately our neighbours chose to ignore the first award and we had to engage Richard again to go through another award.  He worked extremely well to support us and offered a voice of reason to ourselves, our neighbours and the barrister we had to engage.

Richard gave us the confidence that we needed throughout the entire process.  His is extremely thorough and practical, his communication was very proactive and he dealt with sensitive issues in a professional and timely manner, often coming out at short notice. I would fully recommend Richard for any party wall agreement.” (February 2018)

RMA Surveyors provide Party Wall surveying and advice in compliance with The Party Wall etc. Act 1996.  We act on behalf of building owners and adjoining owners, as well as agreed surveyors for both parties. RMA Surveyors are members of The Faculty of Party Wall Surveyors, so you can feel confident that you’re receiving professional advice and guidance.

Contact RMA Surveyors to discuss your needs on 01635 579208 or email enquiries@rmasurveyors.co.uk.

Does the Party Wall etc. Act 1996 affect my building work?

Party Wall etc. Act 1996“Does the Party Wall etc. Act 1996 affect my building work?” is a question that RMA Surveyors in Newbury, Berkshire have often been asked.

If you have plans to carry out the following type of work on your property then you should seek professional advice regarding the Party Wall Act:

– Work on an existing wall, ceiling or floor structure shared with another property,

– Building on or at the boundary with another property,

– Excavating near a neighbouring building or structure.

By seeking advice from a party wall professional, you can determine whether your proposed building work falls within the scope of the Party Wall etc. Act 1996, enabling you to respond accordingly and within the Law.

RMA Surveyors are expert Party Wall and Chartered surveyors, members of both the Faculty of Party Wall Surveyors and the Royal Institution of Chartered Surveyors. With such accreditation, you can rest assured that RMA Surveyors will provide you with the quality advice and service that is required.

Contact RMA Surveyors for advice or help with the Party Wall process on 01635 579208 or email enquiries@rmasurveyors.co.uk.

Testimonial, February 2018:

“We appointed Richard Mountain of RMA Surveyors to act on our behalf, as our neighbours had commenced work excavating right next to our house, without serving a party wall agreement.  Richard’s knowledge and expertise helped resolve the issue and allowed our neighbours build to continue whilst protecting our property, which was our biggest concern.  Unfortunately our neighbours chose to ignore the first award and we had to engage Richard again to go through another award.  He worked extremely well to support us and offered a voice of reason to ourselves, our neighbours and the barrister we had to engage.

Richard gave us the confidence that we needed throughout the entire process.  His is extremely thorough and practical, his communication was very proactive and he dealt with sensitive issues in a professional and timely manner, often coming out at short notice.

I would fully recommend Richard for any party wall agreement.”

A Guide to Party Wall Procedure

Party Wall procedure

RMA Surveyors Ltd provides professional and independent advice concerning Party Wall procedure.

If you intend to carry out building work to your property which could affect your neighbour, you should determine whether works require notification under the Party Wall etc. Act 1996. Notifiable works include:

 

  • Work on an existing wall, structural soffit or floor structure shared with another property. e.g. loft conversion, supporting a beam on a party wall, removing walls in a flat, or digging out a basement.
  • Building on or at the boundary with another property. e.g. building an extension or replacing a boundary wall.
  • Excavating near a neighbouring building or structure to a depth lower than their existing foundation.

If the work undertaken is notifiable under the Party Wall Act etc. 1996, the correct type of notice not must be issued. RMA Surveyors provide advice and guidance on which Notice/s should be issued. See our Section Notices blog for more information.

The Party Wall Act is designed to avoid and minimise disputes, notices are served to ensure that the property owners notify their adjoining owners in advance of notifiable works commencing.

Party Wall Notices should contain the following:

  • Name the building owners (those proposing the work) and all adjoining owners (those potentially affected by the work).
  • Clearly indicate the work that is notifiable under the Act.
  • State a proposed start date in accordance with the notice periods prescribed by the Act.
  • Be dated and signed by the building owner or their representative with the authority to act on their behalf.
  • Notices will usually be accompanied by drawings or plans to illustrate the proposals of the notifiable works.

Once notice is served the adjoining owner can:

  • Provide written consent within 14 days from the date of the notice.
  • Provide written consent with conditions (which may be refused) in writing within 14 days.
  • Refuse consent, which will start the dispute resolution process.
  • Do nothing. The matter will be deemed to be in dispute after 14 days, then the adjoining owner should appoint a surveyor within 10 days, or one will be appointed on their behalf.
  • Serve a counter notice requesting additional works be done at the same time. There may be a cost implication to the adjoining owner in this regard.

Notices may have to be served up to two months before work commences (timings vary dependent on the notice served).

If consent is not agreed or notice is ignored,  the Act provides for the appointment of an independent surveyor to act on behalf on the adjoining owner. In this case an Agreed Surveyor (a surveyor appointed to act for the interests of both parties) cannot be appointed.  Where a dispute does arise, the Agreed Surveyor route is often the more cost effective route for the building owner. This arrangement can only be made by agreement from both parties in writing.

Once Surveyors are appointed they should act independently. They are not required to fight their appointing owner’s corner, rather their role is to determine the dispute between owners.

If the building owner does not comply with the Party Wall etc. Act 1996, building works might be delayed, declared unlawful, and might incur a court injunction preventing works proceeding and associated legal costs.

If you need Party Wall advice or help through the Party Wall procedure, call RMA Surveyors on 01635 579 208. Proud to be members of the Faculty of Party Wall Surveyors.