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.
