The Basics

Who is the building owner in the Party Wall Act?

The building owner is the person who is proposing the work and the owner of the property where the work is due to be carried out.

Who is the adjoining owner in the Party Wall Act?

The person or people who own the property that is going to be affected by the act. This can include the freeholder as well as leaseholders of the property.

What is a Party Wall?

The Party wall stands astride the boundary of land belonging to different owners. It can be a wall that is part of one building that is across the boundary or wholly located on one owner’s property. In the case of a garden wall that lies between two owners it is a ‘Party Fence Wall’. In the case of flats where there are adjoining owners above and below, the ceilings and floors are known as ‘Party Wall Structures’.

What is the Party Wall Act (1996)?

The Party Wall Act is the framework used for preventing and resolving disputes about Party Walls, Party Fence Walls, Party Structures and excavations near neighbouring buildings. The Act was brought in to stop expensive litigation between owners in the courts. It is an enabling act, meaning that it grants the building owner the legal right to build whilst protecting the interests of the adjoining owner.

What works are covered under the Party Wall Act?

Building along or astride a boundary between your properties. Any work to a wall that joins your properties together, whether the wall is on your land, your neighbour’s land or astride the boundary. Some foundation works near to your neighbour’s property.

Can the Party Wall Act and Surveyors settle boundary disputes?

No. The Party Wall Act has no mechanism for resolving boundary disputes. These will need to be settled by mutual agreement or in the courts.

The Notices

Do I need to serve notice?

It is compulsory to serve notice if the work you’re undertaking is covered under the Party Wall Act. If you do this work without serving notice the adjoining owner can seek a court injunction. If successful, you will be forced to stop working, and to pay both sets of legal costs. Failure to stop working after an injunction would mean being held in contempt of court and result in a fine or prison sentence.

Can’t we just agree a plan between us?

No. Either the Party Wall Act applies or it doesn’t. You cannot contract your way out of the act. Not serving notices makes your work unlawful. Serving notices is what engages the Party Wall Act and protects you and your adjoining owner.

Can I serve notice myself?

You can, but you will need to read The Party Wall Act carefully in order to serve a legally valid notice with the requisite amount of information on. You will also need to ensure that you serve notice on all the owners which may include freeholders as well as leaseholders. There are a number of ways to serve notice.

What will my neighbours do?

Your neighbours have three choices. They can either consent to the works, dissent to the works, or not reply. If they consent then you do not need to appoint surveyors. If they dissent then at least one surveyor must be appointed. If they don’t reply then they are ‘deemed to have disputed’ and a surveyor must be appointed for them.

The Surveyors 

When do I need to appoint a Party Wall Surveyor?

It’s recommended to appoint at least three months before you intend to start work. The administrative aspect of the Party Wall Act will take less time, but you should build in extra time to allow for delays such as neighbour’s dissenting or not responding to your notice.

What do Party Wall Surveyors do?

Party Wall Surveyors offer advice on the procedures and responsibilities. They will review the plans and see if the proposed plans are notifiable under the act. They can serve relevant notices on all adjoining owners and prepare a schedule of conditions. This can be done as part of agency work. I.e they work under your direction. If there is a dispute the role changes. In the event of a dispute occurring they act as a mediator (no longer working for you) and apply the law to ensure fair process. They create a legally binding ‘award’ - a written document which they then serve on all parties in the dispute.

How many surveyors do I need?

You and your adjoining owner can agree to have the same surveyor (the agreed surveyor) or you can both have your own individual surveyor. When there are two surveyors appointed, they will automatically select a third surveyor (usually more senior) to arbitrate any aspect of the award they cannot agree on. These three surveyors in any combination can make a legally binding award.

The Award

Who pays for this?

In most cases it will be the Building Owner who pays all the surveyors fees as they are the person carrying out the work. In some cases where fees are disputed, it may be split between both parties. 

Can I appeal an award or the surveyor’s fees

An award can be appealed within 14 days at the County Court but extreme caution should be taken before embarking on this route, as if the award is upheld, or the fees deemed to be reasonable then you will be liable for all legal costs.

Can a Party Wall Award be applied retrospectively?

Generally no. Works commencing before a valid notice can lead to an injunction. Damage caused by works that should have been notified (but have now finished) need to be settled through litigation and legal action. The burden of proof is on the building owner to prove that they didn’t cause the damage.

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