Party Wall Advice – The Party Wall etc. Act 1996

Starting a building project? Avoid potential issues and costs by securing the right party wall advice early. If you plan to excavate foundations within 3.0 metres of a neighbour’s property, even without work on a party wall, you may need guidance under the Act.

If your neighbour intends to work on a shared wall, they are required to serve party wall notices, irrespective of their planning permissions. Ensuring your property is protected during their works is crucial. Our experienced, independent chartered surveyors have extensive knowledge in party wall surveying and can assess plans, inspect properties for condition prior to and post-work, and help address any damage.

You cannot be stopped from renovating your property legally, but your neighbour can influence the work. Engage a surveyor promptly to avert unexpected costs or frustrations.

The Party Wall Act 1996 outlines property owners’ rights and responsibilities regarding work near party walls. It aims to protect properties from damage. Ignoring these rules can lead to costly civil actions.

What is a Party Wall?

A party wall stands on or near the boundary between properties. In London and the Southeast, most homes have party walls due to their semi-detached or terraced nature. Even detached homes can have these walls if they sit on the boundary. Garden walls may also qualify as party fence walls.

When Does the Party Wall Act Apply?

Consider the Party Wall Act if you or your neighbour are building near a party wall. Common scenarios include constructing or altering party walls or excavating near a neighbour’s foundations.

Work Not Covered by the Party Wall Act

Minor works that don’t affect structural integrity typically do not require notifying your neighbour, such as drilling for shelves or replacing plaster.

Informing Your Neighbour

Communicate with your neighbour early to facilitate a smoother process. A formal written notice outlining the proposed works must be served at least two months before starting work directly on a party wall and one month for other works.

What is a Party Wall Award?

A legally binding document created by appointed surveyors detailing each owner’s responsibilities regarding the works, including managing damages, working hours, and access rights. An award resolves disputes and becomes final unless challenged within a specified timeframe.

Who Pays the Party Wall Surveyor?

Typically, the party initiating the work covers the relevant costs, although costs may be shared if a defect affects both properties.

Disputes

In case of disagreement, the Act offers avenues for resolution, including appointing a surveyor to act for a reluctant neighbour.

How We Can Help

With 20 years of experience in building surveying and numerous party wall awards created, we provide expert advice at competitive rates. If you’re planning a project involving notifiable works or have been notified of your neighbour’s works that may affect you, contact us to discuss your needs and receive a free estimate.

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Let MSR Surveying provide the professional insights you need to maintain and enhance the value of your property assets.