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Party Walls – everything you need to know

Key Points

  • A party wall stands astride the boundary of land belonging to multiple owners and forms part of a building, separates buildings, or serves as a party fence wall.
  • A party fence wall stands astride boundaries, separating lands; excludes wooden fences and hedges.
  • Notify neighbours, serve Party Wall Notice, and create an agreement for building near or on a party wall.
  • The Act enables development while protecting Adjoining Owners, avoiding structural compromise, and resolving disputes.
  • Notify neighbours for deep excavation near foundations, digging trial pits, underpinning, raising walls, and other modifications.
  • Any construction along the boundary line requires Party Wall Notices; building astride the line needs neighbour’s approval.
  • Minor tasks like shelves and redecorating usually don’t require Party Wall Notices if structural integrity isn’t affected.
  • Three types of notices: Line of Junction, Party Structure Notice, and Adjacent Excavation.
  • Notices must be served to initiate the dispute process; failure can lead to costly disputes.
  • Discuss plans with the neighbour (Adjoining Owner) to settle details and facilitate a party wall agreement.
  • The Adjoining Owner has 14 days to respond; lack of response is deemed dissent.
  • Neighbours’ consent allows work to proceed; Photographic Schedule of Condition is recommended for documentation.
  • Keep party wall documents with property’s title deeds for future reference and property sales.
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What is a Party Wall?

If you are considering an extension to your property, or any building work that could affect a shared wall or adjoining property, read on for helpful information and guidance about what’s involved. No stone is left unturned!

 

What is a Party Wall?

A ‘party wall’ is a wall that stands astride the boundary of land belonging to two or more owners and either forms part of a building, separates two or more buildings or consists of a ‘party fence wall’.

A wall is a ‘party fence wall’ if it is not part of a building and it stands astride the boundary between the land of different owners as a way of separating their land, for example a masonry garden wall. Wooden fences and hedges are not defined as party fence walls.

A wall is also a party wall if it stands wholly on one owner’s land, but is used by two or more owners to separate their buildings. 

 

Your party wall responsibilities

If you are planning on carrying out any building work near or on a party wall, you must tell your neighbours, known as the Adjoining Owner, provide them with a Party Wall Notice and draw up a written party wall agreement. If you use a builder or an architect they should be able to advise you on this, although they will not serve the Notice for you.

 

The Party Wall etc. Act 1996

This came into force on 1st July 1997 in England and Wales, acting as a framework to enable development or works that affect party walls to be undertaken, whilst providing protection for Adjoining Owners and occupiers. 

It was devised to prevent building work that could compromise the structural integrity of any shared walls or adjoining properties. 

It is also there to stop disputes between neighbours and help to resolve them if they arise. 

What building works are notifiable under the Party Wall etc. Act 1996?

If you plan to dig, whether for foundations or other purposes, to a depth greater than the depth of neighbouring foundations and within three metres of a neighbour’s building, you will need to serve Party Wall Notices. You will also need to serve notice to dig a trial pit in order to ascertain the depth of your neighbour’s foundations.

If you are excavating to a greater depth, for example for piled foundations, within six metres of a neighbour’s property, in some circumstances this will trigger the service of a Party Wall Notice. This is the case if a 45-degree angle drawn from the bottom of neighbouring foundations would intersect any part of your excavation.

The most common type of work we deal with is when alteration works are being carried out which require steelwork to be supported by a party wall. Other works such as the removal of a chimney, insertion of a new damp proof course or flashing, and raising the height of a party wall, are also covered.

You will also need to notify your neighbour if you intend to underpin the wall or to demolish and rebuild.

The Party Wall etc. Act 1996 also covers work to party structures (typically, the walls and floors between flats) so, if you are a developer adding storeys to an existing apartment building for example, you are likely to have to serve Party Wall Notices in connection with this work, too.

 

Building on the site boundary

Any construction abutting the ‘line of junction’, or boundary line, will trigger the service of Party Wall Notices. This applies whether you intend to build astride the line of junction, or wholly on your side. You will only be able to build astride the line of junction with your neighbour’s approval.

If you are constructing a garden wall, Party Wall Notices are still required as they would be for a building, but no such notices are required for erecting a fence.

If, for example, you are constructing an extension up to the boundary line, you will need to ensure that the building’s eaves or guttering do not oversail the adjoining property, as this could lead to trespass issues, which would be dealt with separately from the Party Wall process.

 

What building works are not notifiable under the Party Wall etc. Act 1996?

You do not normally need to serve Party Wall Notices if you are completing minor work like putting up shelves, redecorating, or renewing plaster to an existing internal wall as these are unlikely to affect the wall’s structural integrity.

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The types of Party Wall Notices

A Party Wall Notice is the document you serve on your neighbours. It details the works that will be carried out and it is accompanied by the building plans. There are up to three notices that need to be served, dependant on the type of building work you intend to carry out:

  • Section 1 – Line of Junction (one month’s notice)
  • Section 2 – Party Structure Notice (two months’ notice)
  • Section 6 – Adjacent Excavation (one month’s notice)

In some cases, all three notices will need to be served. 

 

Why are Party Wall Notices important?

The dispute process can only be started if Notices have been served. This is important if early works were negligent in some way and caused damage. Any dispute would have to be settled by the Building Owner as a matter of Common Law, which could end up being very expensive. 

 

How you can help to prevent a dispute with your neighbour – the ‘Adjoining Owner’

We recommend that you, as the Building Owner who intends to do the work, first discusses the planned work, in full, with the owner of the other property affected, the Adjoining Owner. 

This should hopefully provide an opportunity for relevant details to be settled at the outset and pave the way for a party wall agreement to take shape. This will help relationships with your neighbour and demonstrate that you intend to take the right steps in protecting yourself and them.

 

What happens after you serve the Notices?

The Adjoining Owner or occupier has 14 days to respond. If you receive no reply within 14 days, they are deemed to have dissented. 

If, after serving a further notice requiring action within 10 days, no response is forthcoming, your surveyor will be able to make an appointment on the Adjoining Owner’s behalf, so that their interests in the party wall are represented by an independent third party. Once this appointment has been made, a party wall award can progress in the usual way.

The options for a neighbour (Adjoining Owner) dissenting to the works

When responding to the notices, the Adjoining Owner has two options. They can agree to use the Building Owner’s appointed surveyor to act as their ‘Agreed Surveyor’, meaning that both parties’ interests are represented by a single surveyor – an appropriate option for simple works where the Adjoining Owner wants the protection of a party wall award, but issues are unlikely to be contentious.

Alternatively, the Adjoining Owner can appoint their own surveyor. Ordinarily, this means that the Building Owner will bear the costs of two party wall surveyors.

 

What happens if the two surveyors don’t agree

The two appointed surveyors will select a ‘Third Surveyor’, who will be the ‘deciding vote’ when they don’t agree. This means that, where an Agreed Surveyor arrangement isn’t in place, there are always two surveyors in agreement. This is designed to facilitate sensible decisions and to keep the project moving forward.

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Party wall award detail

There are three main constituent parts to a party wall award: 1) The award itself; 2) The Photographic Schedule of Condition (PCoS); 3) Drawings showing details of proposed works, which are likely to have been sent with the initial notices.

The party wall award includes information under a number of different headings. These broadly include:

  • Details of the parties bound by the Award
  • Details of all surveyors issuing the Award, including a named ‘Third Surveyor’ if two surveyors cannot reach agreement
  • Details of the proposed works
  • Working hours
  • Indemnities offered by the Building Owner
  • Agreed hours of working
  • Details of any access arrangements over the Adjoining Owner’s land
  • Time limits for commencement of works – normally 12 months
  • A clause requiring payment of the Adjoining Owner’s surveyor’s fee.

In certain circumstances, particularly where more complex schemes are proposed, some additional information might be provided, such as: a requirement to submit method statements for approval; details relating to security of expenses; and enclosure costs. This type of information tends to be the exception rather than the rule, and might not be required for straightforward works.

 

There is no need for a party wall award if your neighbour originally dissented but subsequently consented to the work

The Party Wall etc. Act 1996 is an enabling Act designed to facilitate works, not breed conflict. As such, your neighbour, the Adjoining Owner, is free to change their mind at any time, if they are happy with your proposals. You should note, however, that you will still be liable for the cost of time spent by your appointed surveyor to date, as this will be covered by a separate contractual agreement.

Close up of a party wall.

What happens once your neighbour has consented to the building work

When your neighbour returns the signed consent form within the 14-day period, you will be free to progress with your work. 

It might still be worth preparing a ‘photographic schedule of condition (PSoC)’ of your neighbour’s property to protect both parties. This not only means that your neighbour is far less likely to make spurious claims for damage, but it also helps to protect your neighbour in the event that construction work causes damage to their property, as they can evidence the condition of their property before the works started.

If a neighbour knows that they are able to make use of the protection of a schedule of condition, you might find them to be more willing to consent to work without the expense involved in preparing a full party wall award.

If justifiable cause, such as damage to the neighbour’s property, arises, this would allow the neighbour to retract their consent, at which point a party wall award would become necessary. In our experience, this is highly unusual.

More information about a Photographic Schedule of Condition (PSoC)

A PSoC is a document made up of two parts: a description of the building elements and their condition; and supporting photographs which back up the text description.

In a party wall situation, only the condition of the Adjoining Owner’s property is recorded. It’s not necessary to record the Building Owner’s property as if damage occurs to their own property during building works it is their responsibility.

If an Adjoining Owner dissents, carrying out a PSoC is the next step in the party wall process after surveyors (or an agreed surveyor) have been appointed, and visited the property to consider the proposals on site and assess any risks. 

Although a PSoC is not strictly required by the Party Wall etc. Act 1996, it is wise to carry one out even if the Adjoining Owner consents to the work.

Clearly documenting the condition of the Adjoining Owner’s property with a PSoC, before building work starts, makes any later dispute over damages much more straightforward for the surveyor to assess and resolve, as they will be able to easily determine if the alleged damage already existed or is new and caused by the works. 

 

The PSoC inspection

Usually the Building Owner’s surveyor will carry out the PSoC, taking notes and photos on site. If the Adjoining Owner has appointed their own surveyor, they will shadow the surveyor during the inspection.

The surveyor will inspect the Adjoining Owner’s areas which could be affected by the building works. For relatively minor works, like a simple extension, this will usually be within a three-metre radius of the proposed works. For particularly high-risk works, such as basement excavation or underpinning, the distance would be extended to roughly a six-metre radius. 

 

The role of the party wall surveyor

For their fee, the party wall surveyor will prepare and serve the Notices, carry out the PSoC, make or obtain a party wall award and deal with any other matters arising from a dispute.

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Responsibility for the party wall surveyor’s fees

Typically, it is the Building Owner’s responsibility to pay their own and the Adjoining Owner’s fees, since it is their works that are being carried out. 

If the Building Owner believes that the Adjoining Owner’s surveyor fees are unreasonable, they have the right to refer the matter to the third surveyor or appeal the fees in the County Court. Any appeal process must be started within 14 days of the invoice being presented.

Tip: We recommend that you always discuss the fees with the surveyor in advance, the first instance and, later, ask to see their timesheets. 

In rare circumstances, the Adjoining Owner could be liable for fees, for example if they are asking the Building Owner to carry out work over and above their initial intention e.g. changing materials or asking for a party wall to be built higher than planned. They could also be liable for fees if they instruct their party wall surveyor on matters outside of the Party Wall etc. Act 1996. If they refer matters to the third surveyor and the third surveyor finds in favour of the Building Owner, the third surveyor will apportion their fees between the Building Owner and the Adjoining Owner as is reasonable. 

 

Other costs the Building Owner could be liable for

The Building Owner will be responsible for covering the costs of any repairs that need to be carried out on the Adjoining Owner’s property as a result of their works. They will also have to cover the surveyor’s fees for dealing with this dispute.

If the Building Owner intends to enclose on the neighbouring property’s wall, they will be liable for enclosure costs. 

 

What happens when the building work is completed

There is no formal sign off procedure for party wall works within the Party Wall etc. Act 1996. This is because, particularly with Section 6 (Excavation) work, any damage in connection with the works could take some time to manifest.

However, we do recommend that you check that the Adjoining Owner is happy upon completion of the works. Comparing the current condition of the area against the PCoS is a great way to do this.

 

Making good any damage

After the building work is completed, the Adjoining Owner or their party wall surveyor should inspect the condition of their building, comparing it to the PSoC carried out before the building work started. If any damage caused in connection with the party wall works is identified, it will become the Building Owner’s responsibility to fix it to the Adjoining Owner’s satisfaction. 

Alternatively, damages in lieu of making good could be paid by the Building Owner to the Adjoining Owner, which should be enough to allow the Adjoining Owner to cover the cost of ‘making good’ work themselves.

It is possible that damage may become noticeable later on, as new installations settle or bed in. Because there is no formal sign-off procedure, if damage can be shown to be linked to the party wall work, there can be redress from the Building Owner months after works are completed.

Tip: We recommend keeping all party wall documentation with your property’s title deeds, so they can be referred to in the future if required. This can also help to reduce any complications during a property sale.

 

Next steps

If you are ready to go ahead with your building works, or you have any further questions on this topic, you should contact your local Party Wall Surveyor who has been recommended to you. Alternatively, contact Harrison Clarke’s team of friendly, experienced and highly competent party wall surveyors. They will be delighted to help you.

Call 023 8155 0051 

Email info@harrisonclarke.co

Who is an Adjoining Owner?

When a Building Owner starts notifiable construction work on a property, the owner must serve a Party Wall Notice on any Adjoining Owners. It is not as simple as assuming all neighbours are considered Adjoining Owners. The Party Wall Act states that an adjoining Owner is any owner, and any occupier of land, buildings, storeys or room adjoining those of the Building Owner. This can include freeholders, leaseholders or tenants depending on the terms of their lease.

Confused by the Party Wall Notice?

Receiving a Party Wall Notice can be quite overwhelming and even feel intimidating, especially if you have never been involved with Party Wall matters before.

Upon receiving a Party Wall Notice, you essentially have two options for responding to it. You can either consent or dissent, however these options have often led to misconceptions when dealing with Party Wall matters.

Often Adjoining Owners think that by consenting they are allowing the neighbour to proceed and alternatively if they dissent, they can stop the works; however this is not true.

The Party Wall Act is an enabling Act allowing construction works to proceed. Therefore, as long as the Building Owners follow the procedures laid out in the Act, they are enabled to carry out the intended works knowing both they and their neighbours are protected, even if an Adjoining Owner dissents

Should I consent to the Party Wall Notice?

Consenting to a Party Wall Notice is the most desirable and effective outcome for all parties involved, as it allows the Building Owners to proceed with their planned construction works without dispute. However, we find that Adjoining Owners are often reluctant to consent to Party Wall Notices due to concerns in that doing so, they are signing their rights away and will not be protected from any potential damage incurred during construction works. In fact, by consenting to Party Wall Notices, you are simply stating that no dispute has arisen.

Should I dissent to the Party Wall Notice?

You have the right to dissent to the Notice, however this should only be done if you are in dispute. A dispute in terms of Party Wall matters is not always clear or obvious. A dispute could simply be that you disagree with your neighbours in how the works will move forward and need a surveyor to help resolve the issue.

An example of this is you may not have an issue with your neighbour building a new extension on their property, but they have asked for access to your garden to do so and you are not happy or comfortable with their proposals. In this instance you may choose to dissent to the Notice and appoint Party Wall Surveyors to ensure  they do have the right to access, that the procedures within the Act are followed, and a resolution is found to suit both parties.

I am not in dispute, but I am worried about consenting and the risk of damage to my property.

Consenting to the works does not mean you lose your rights under the Party Wall Act. If a dispute was to occur after your consent has been given, you still have the right to appoint a surveyor at that time.

At Harrison Clarke, we often encourage Building Owners to consider offering Adjoining Owners a Photographic Schedule of Condition even if they consent. A Photographic Schedule of Condition will document the condition of the Adjoining Owners property prior to commencing works. This has benefits for both parties, providing evidence for the Adjoining Owner should damage occur but also protecting the Building Owner from spurious claims.

Next Steps

If you are an Adjoining Owner who has received a Party Wall Notice and would like some advice from an experienced Party Wall Surveyor. Harrison Clarke can offer you a 30 minute consultation for a fixed fee of £100.00 including VAT. In this consultation, we can review your Notices and help you make an informed decision on how to respond. To book, please use our booking form which can be found on our website or call our office on 023 8155 0051. We look forward to helping you with your Party Wall matters.

What does the Party Wall etc. Act 1996 say?

“An adjoining owner may serve a notice requiring the building owner before he begins any work in the exercise of the rights conferred by this Act to give such security as may be agreed between the owners or in the event of dispute determined in accordance with section 10.”

But what does this mean?

Here are some key points to note:

• The adjoining owner must make their request for security in writing by serving a notice to the building owner.

• If notice is served, the building owner carrying out the construction works may be required to make a deposit to cover foreseeable expenses that may arise from the notifiable works.

• The adjoining owner and building owner can agree the type and amount of security themselves without the need of party wall surveyors. If a dispute does arise however, the appointed surveyors will agree the security on the owners’ behalf.

• The security can only be in relation to notifiable works and not any other issues that arise from the remainder of the project.

What is security for expenses?

Security for expenses is a mechanism which protects adjoining owners from foreseeable damage. This could be damage from the building owner failing to complete a construction project or to cover the cost of completing repairs caused by their notifiable works.

Previously, security in the form of money may have been held in a solicitor’s account with an undertaking that the money would only be released on instruction from the appointed surveyors.

However, in 2014 the Solicitors Regulation Authority advised that solicitors should not be providing these banking services unless there is a true connection between the parties and the legal services being provided by the solicitor.  It is rare for a solicitor to be involved with a party wall matter, unless something has gone particularly wrong!

As a result, money is more commonly held in an escrow account. Some RICS Regulated firms can also hold funds in a client account. When held by an RICS Regulated Firm, the money will be protected under the RICS Client Money Protection Scheme. Alternatively, security can be made through bonds or insurance, although the use of insurance can be controversial. This is because it can potentially undermine the surveyors’ statutory authority to deal with disputes that arise as a loss adjuster would be appointed to investigate claims of damage. This could also delay the course of repairs which can be frustrating and leave the adjoining owner vulnerable to further damage.

Additionally, security for expenses is beneficial for protecting parties in the event of insolvency of the contractor or party carrying out the works during the project.

What can security for expenses cover?

The Party Wall Act is not specific on what security for expenses can cover, however it is largely agreed that security for expenses can cover:

• Repairs to an adjoining owner’s property when damage is caused by the building owner’s notifiable works.

• Expenses for making the adjoining owner’s property safe and secure should the building owner abandon the project.

• Temporary accommodation if necessary and any associated costs or fees.

• Professional fees in relation to resolving the dispute.

• Alterations or reinstatement of the works undertaken by the building owner, particularly in the event of the building owner failing to complete their works leaving the adjoining owner’s property vulnerable to damage.

What should I do if my request for security for expenses is refused?

When a building owner refuses a request for security, a dispute will arise under the Party Wall etc. Act 1996. Party wall surveyors will be appointed, whowill then determine whether security for expenses is reasonable for the situation.

The surveyors will consider whether security is required, how much security is reasonable, how the security will be held and the control mechanisms and timelines for using the security or releasing the funds back to the building owner. The surveyors’ role is to calculate foreseeable damage and they may obtain cost estimates from contractors or other professionals to assist in their determination. Once these have been considered, the surveyors will document this in a party wall award.

When will the security for expenses be deposited?

Before any notifiable works proceed, the party giving security for expenses, usually the building owner carrying out the works, will deposit the agreed sum into the agreed account.

When will a Building Owner get their money back?

Security is often released in stages as the notifiable works are complete and the two surveyors are happy that the works have been completed to a satisfactory standard. However, every situation is different, and advice should be sought from a party wall surveyor as to the release mechanism. This will also be documented in the party wall award. It is important to remember that the funds will only be released when agreed by both surveyors.

What Does the Party Wall etc. Act 1996 Cover?

The Party Wall etc. Act 1996 is a primary legislation that talks all about party walls, and excavation and construction within certain distances of neighbouring buildings or structures. Most people are a little confused by the title of the Act, especially as it isn’t clear what ‘etc.’ means. Since etc. means ‘and so forth’, the act really explains the rights and obligations to owners to all sorts of things on top of works to party walls – including excavation. If you’re not sure what’s included, we have videos on our YouTube channel that explain exactly which works are notifiable.

Basically, Section 1 of the Act relates to a new building or wall on the line of junction, the legal boundary between two buildings or land ownerships. Section 2 of the Act relates to work directly to an existing party wall, and Section 6 of the Act relates to excavation within three or six metres of an adjoining structure or building.

What Is A Party Wall?

Party walls are defined by section 20 of the Party Wall etc Act 1996, which also gives us some good definitions for other important terms used in the Act. In the Act, there are two types of party walls:

Type A: The Act defines this as ‘a wall which forms part of a building and stands on the lands of different owners to a greater extent than the projection of any artificially formed support on which the wall rests.’

Type B: A type B party wall is essentially a wall separating two buildings, which has been built right up to the boundary line wholly on the land of one owner. This type of party wall does not straddle the boundary.

Type B can get a little confusing, but not as much as part A, so we’re going to clear that up.

Firstly, to be a type A party wall, the wall has to form part of a building (not necessarily the main building of the house), and the wall must straddle the boundary line. It doesn’t have to straddle that line equally, it just has to be on both sides of the line to be considered a party wall. The second part of the definition talks about the foundations that the wall is supported or built on. Basically, this means you ignore the position of any foundations even if they go across boundaries. The concern with party walls is the position of the actual wall, not the supporting foundations.

And most importantly, when a party wall is on the line separating two owners’ land, the entire wall (full height and length) is considered a party wall, and both owners have the right to make use of the wall.

Garages on Party Walls

Often, we will speak to people whose neighbours have built a garage up to the boundary line, and want to know if that is now a party wall. If the wall is detached and not separating the two buildings, then it’s not a party wall. We’ve had situations in the past where an adjoining owner doesn’t want the building owner to knock down what they see as their garden wall, but it’s actually the neighbour’s garage. In this case it hasn’t been enclosed upon, and so isn’t a party wall as defined by the Act, so there’s very little they could do.

However, if you were to then extend your property and enclose on a wall like this one, so that it becomes the separation between two buildings, that section of wall would become a Type B party wall. It’s important to know that you can’t do this without permission from your neighbour, and if you do it without getting consent by serving a party wall notice, then it’s considered trespass.

Are Garden Walls Party Walls?

Ahh, garden walls get even trickier. Garden walls are called ‘party fence walls’ in the Act. Just to confuse things, fences aren’t actually party fence walls! To clear that up, it’s best we look at the act:

‘” Party fence walls” means a wall (not being part of a building) which stands on the lands of different owners and is used or constructed to be used for separating such adjoining lands, but does not include a wall constructed on the land of one owner the artificially formed support of which projects into the land of another owner’.

So like a Type A party wall, the second part of this definition is talking about the foundations of the wall. This means you simply ignore the position of the foundations, even if they encroach over the boundary. Again, we’re concerned with the position of the wall itself when figuring out if it’s the party fence wall or not. Simply put, a party fence wall is a garden wall that sits astride the boundary of two lands.

Wait, so What’s a Party Fence?

Don’t worry, we know it’s confusing, and we’ve had people call us many times because their title deeds state that the fences defining their boundaries are referred to as party fences, and they don’t understand what that means. All it usually means is that the maintenance responsibility for those fences is shared between both neighbours – it doesn’t mean those fences are covered by the Party Wall Act. In fact, if this phrase is included, your deeds probably preceded the Act!

 

 

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Picture the scene. You’re planning to extend your home. You’ve done all of the legwork, including getting a party wall surveyor to review your drawing, prepare your notices and serve them to your neighbour. You’ve done everything by the book, but you’ve hit a snag. Your neighbour hasn’t replied to your notice. Now what do you do?

How Long Does my Neighbour Have to Respond?

Once you’ve served your party wall notice, your neighbour will have 14 days from the date it was served to respond to that notice. It’s important to remember that their response needs to be in writing – a chat over the garden fence isn’t enough.  They need to respond in writing for it to be valid.

What Happens if I Have no Response After 14 Days?

If, after 14 days, your neighbour hasn’t formally responded to your notices, then they are automatically deemed to have dissented. But that isn’t the end for you. You now need to serve a further notice giving them a final 10 days to respond, either by consenting or appointing a surveyor. This notice is often called a 10-day notice, or a reminder notice. Your party wall surveyor will be able to draft this notice for you.

What Happens if my Neighbour Ignores The 10-Day Notice?

In some situations, we never receive a response from neighbours! This can happen for a variety of reasons. Your neighbour could be away on holiday, absent or unwell, or just not that worried about your works. But it’s important that you don’t assume your neighbour is happy to consent. If you haven’t got any response after the 10-day extension, you’ll now need to appoint your own surveyor (the building owner’s surveyor) and appoint a surveyor to act on your neighbour’s surveyor (the adjoining surveyor) under Section 10(4) of the Party Wall Act.

We do appreciate that having to find and appoint another surveyor can be frustrating (not to mention expensive). But Section 10(4) of the Party Wall Act is an example of the Act’s main goals – to facilitate certain construction works while ensuring that appropriate safeguards are put in place to protect those impacted by notifiable construction works. It does this by providing a mechanism to prevent delays to a building owner’s construction works by allowing the building owner to appoint a surveyor to act on behalf of an absent neighbour. This surveyor will then help to ensure the neighbour’s interests are considered and protected alongside your own surveyor.

How Can I Stop Them Ignoring The Notice?

Communication is key! At every part of the process, open communication with your neighbours is the best way to get a good result. If you know your neighbours or you live at the property you’re planning work on, take the opportunity to knock on their door and have a chat about your proposal. At Harrison Clarke, we see the best outcomes and fewer objections when building owners are open, honest and speak to their neighbours.

If you don’t know your neighbours or there is a strained relationship between you that could lead to a non-response, timing is an important factor. You might not be able to prevent a dispute and the appointment of surveyors, but you can make sure your notices are served as early as possible will help to prevent delays to your project.

Advice for Neighbours – Responding to a Party Wall Notice

If you’ve received a party wall notice from your neighbour, we can’t stress just how important it is to respond to it in writing. Whether you want to consent or object, it needs to be recorded officially.

If you’re happy with the build owner’s proposals, then you need to confirm it in writing to make sure you’re protected under the Party Wall etc Act 1996. If you’re unhappy with the proposal, ignoring the notice won’t stop your neighbour from starting work. Instead, you need to appoint a surveyor to act on your behalf, remembering that you can use the same surveyor as an agreed surveyor if you want to.

Sometimes you might think that by ignoring the 14-day and 10-day notices you’re delaying the building work from taking place. And sometimes that’s true, but by doing so you’re risking losing control and your right to choose a surveyor to act on your behalf. Once a surveyor has been appointed, you won’t be able to remove this surveyor or choose another surveyor even if you’re unhappy with how they’re working. Which isn’t the best situation for you! If you really want to object, you need to follow the process and ensure you have the opportunity to choose the surveyor working on your behalf.

Is your neighbour about to start construction works to build a nice new extension, or are you a building owner planning to transform your home? Whatever side of the fence you’re on, you might be a little bit worried about the Party Wall Act and damage to neighbours property. After all, construction is a big, noisy, and messy thing, and accidents can (and do) happen. So if something is damaged, how do you know who’s responsible, and what can you do about it?

 
 
 
 

What Counts as Notifiable Construction Work?

The Party Wall Act is what details the rights and responsibilities of building owners who are planning notifiable works, as well as neighbours who are affected by those notifiable works. The big tripping point for many people is the term ‘notifiable works’, which seems a bit ambiguous on the surface. So let’s clear that up to start with. Notifiable works are construction works that require you to notify someone under the Act. It’s important to remember that the Act doesn’t just cover works that directly affect a party wall – it covers any construction work that could affect the structural strength or support of a party wall or structure, work that could cause damage to a neighbouring property, or cause significant inconvenience.

What Are Some Examples of Notifiable Work?

Notifiable works fall under three categories:

Section 1: Constructing new walls on the line of junction.

Section 2: Construction works to a party wall, party structure or party fence.

Section 6: Adjacent excavation and construction.

There are a number of things that could fall into those categories. For example, if you’re cutting into a party wall to insert a steel beam, excavating within three or six metres of a neighbouring structure and going deeper than its foundations, cutting off a projection like a chimney breast, or building a new wall on the line of junction.

If there is construction work that falls outside these three sections of the Act, they’re not deemed to be notifiable works and don’t require a party wall notice and can’t be dealt with by party wall surveyors.

Why Are Photographic Schedules of Condition so Important?

When you’re having construction done that involves notifiable works and your neighbour has dissented, the surveyor you’ve appointed will prepare a photographic schedule of condition. This is a photographic survey of the adjoining owner’s property before you commence any of the notifiable works.

The photographic schedule of condition will document the condition of any areas of an adjoining property that could be at risk of damage by your construction works. We do this because knowing and documenting the condition of their property beforehand can help prevent disputes over damage in the future, as well as providing proof if disputes do happen. The report should include both text and images, reassuring the adjoining owner that they will be able to prove any damage that is done wasn’t pre-existing.

Generally, it’s best practice to instruct a surveyor to carry out a photographic schedule of condition even if your relationship is good and they’ve consented to your party wall notice. Think of it as an insurance policy that could save you a lot of time, strain and money. After all, being best friends won’t stop a dispute happening if something gets damaged!

Who’s Responsible for Damage Due to Notifiable Work

If the damage has been caused by the building owner’s notifiable works during the construction process, then the person doing the work is responsible for either repairing the damage (and paying the associated costs, including surveyors’ fees, to resolve the issue), or paying compensation to get it repaired by someone else.

To help substantiate damage claims, we always recommend that the owners of adjoining properties allow surveyors access to prepare a photographic schedule of condition. Building owners should also be aware that the adjoining owner has the right to ask a surveyor to come and assess the damage and resolve the dispute for them. If the damage is genuine, you (the building owner) will be held responsible for the surveyors’ fees as well.

The Process of Dealing With Damage

The Party Wall Act not only details the conditions of notification, but it also includes a dispute resolution process. This helps building owners and adjoining owners deal with disputes over any damage caused during notifiable works. This doesn’t mean that you can’t resolve any damage without surveyors – and in fact we always recommend that you try to work with your neighbour to deal with the damage if you are genuinely at fault. This approach not only saves your relationship with your neighbour, but often it saves you money as well, since you won’t need to pay the professional fees.

If you try this approach and you can’t resolve the issue yourselves, then an appointed party wall surveyor will visit the adjoining owner’s property, assess what adjacent notifiable works have taken place, and review the photographic schedule of condition. They will then use this information to decide whether the damage is genuine and what the next steps should be for resolving the dispute. The good thing about this process is that it removes the need for legal action, and is far more cost effective than dealing with the damage through litigation.

Can I Repair The Damage, or Do I Have to Pay?

In some cases, it makes more sense for your builder to repair the damage to your neighbour’s property. But they do have to consent to do this, and we recommend you approach it with caution.

Imagine the scenario – your building works have caused a minor crack in your neighbour’s wall. You both agree that your builder will come and make good the cracks and redecorate the affected wall – putting it all back the way it was. But once it’s done, your neighbour isn’t happy with the finish or the workmanship. Now you have an entirely different dispute on your hands!

It’s often better to consider offering a sum of money to your neighbour so they can resolve the issue with contractors of their choice. This reduces the risk of further disputes, and means you know your neighbour will be happy with the result.

Insurance for Notifiable Construction Works

The liability for damage caused by notifiable works lies squarely with the building owner who is planning and carrying out the works. If the damage was caused by the builders and they are at fault, then you can still recover your costs from your builder, but we recommend that before any work beings, you check that your builder has adequate insurance that will cover any potential damage.

At Harrison Clarke, our team of experienced party wall surveyors can help ensure that you are protected from damage (or claims of damage) either by preparing your party wall notices, documenting the condition of a neighbour’s property, or acting as your surveyor in a party wall dispute. 

 

If you have any questions about party wall notices, or if you need some help around serving or responding to party wall notices, our team of experienced party wall surveyors are here to help. All you have to do is get in touch with the team by calling 023 8155 0051.

We also have a range of videos talking through various aspects of the Party Wall process. You can access them via our website or our YouTube channel. 

At the time of writing, we have a total of 95 reviews across Trustpilot and Google. We are proud to say that they are all 5 star ratings across the board.

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Faye Williams, party wall and building surveyor at Harrison Clarke chartered surveyors.

About the author

Faye Williams,
BSc (Hons) MFPWS Senior

Surveyor & Winner of Young Property Person of the Year 2023

Faye joined Harrison Clarke in 2018. Faye found an interest in Party Wall surveying, and became a Member of the Faculty of Party Wall Surveyors in 2022.

Since then, Faye has set out a revolutionary approach to party wall instructions, by focusing on people and relationships, backed up by expert knowledge. Faye’s approach has saved building owners £1,000s in unnecessary party wall fees. 

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