Introduction
The Party Wall etc. Act 1996 provides a statutory framework governing certain types of building works that may affect neighbouring properties. The Act applies throughout England and Wales and is intended to prevent disputes while protecting the rights of both building owners and adjoining owners. Appointing a party wall surveyor at an early stage is the most effective way to ensure compliance with the Act and to minimise risk, delay, and cost.
What Is a Party Wall?
A party wall is typically a wall that stands astride the boundary of two properties or separates buildings owned by different parties. The Act also applies to party structures, including floors and ceilings between flats, and to boundary walls. A party wall surveyor can advise whether your structure falls within the definition under the Act.
When the Party Wall Act Applies
The Act applies where works include cutting into a party wall, removing chimney breasts, underpinning, raising or thickening party walls, constructing new walls at the boundary, or excavating close to neighbouring buildings. A party wall surveyor should always be consulted where works may affect structural support or stability.
Party Wall Notices
Before works commence, the building owner must serve formal Party Wall Notices on all affected adjoining owners. Notice periods vary depending on the type of work. A party wall surveyor can prepare and serve compliant notices to avoid invalidity or dispute.
Responses and Disputes
Adjoining owners may consent, dissent and appoint their own party wall surveyor, or agree to a single agreed party wall surveyor. Where a dispute arises, surveyors are legally required to resolve matters in accordance with the Act.
Role of the Party Wall Surveyor
A party wall surveyor is an impartial statutory appointee. Their duties include reviewing proposals, preparing schedules of condition, assessing risk, resolving disputes, and producing a Party Wall Award.
Party Wall Award
A Party Wall Award is a legally binding document setting out the works permitted, how and when they are to be carried out, access provisions, and procedures for dealing with damage. All works must comply strictly with the Award.
Costs and Fees
In most cases, the building owner is responsible for all reasonable party wall surveyor fees and the cost of making good any damage arising from the works.
Risks of Non-Compliance
Failure to comply with the Act can result in injunctions, delays, and legal claims. Retrospective compliance is uncertain and often costly.
When to Instruct a Party Wall Surveyor
Early instruction of a party wall surveyor reduces risk, avoids disputes, and ensures projects proceed smoothly.
If you are planning works or have received a Party Wall Notice, contact our experienced party wall surveyor team today for professional advice and full compliance with the Party Wall Act 1996.
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