Frequently Asked Questions
Answers to the questions we are asked most often about the party wall process.
The Party Wall etc. Act 1996 is a piece of legislation that governs building works affecting shared walls, boundary structures, and excavations near neighbouring properties in England and Wales. It sets out a formal process that must be followed before certain works can begin, designed to protect both the building owner carrying out the works and the adjoining owner whose property may be affected.
A party wall is a wall shared between two properties, or a wall that stands on the boundary between two properties. This includes walls that form part of a building and are on the boundary, walls that separate two buildings, and garden boundary walls that sit on the line between two properties.
An agreed surveyor is a single surveyor appointed by both the building owner and the adjoining owner to act impartially and prepare the party wall award. This is often the most efficient approach, and the process can move more quickly than when two separate surveyors are appointed. The building owner normally pays the agreed surveyor's fees. However, either party can choose to appoint their own surveyor instead.
Works that typically require a party wall notice include: loft conversions affecting a party wall, rear extensions built against a party wall, removal of chimney breasts from a party wall, underpinning or raising a party wall, building a new wall on or at the boundary, and excavation meeting the section 6 distance and depth tests: within 3 metres below neighbouring foundations, or within 6 metres meeting the statutory downward 45-degree plane towards the excavation. If you are unsure whether your project requires a notice, we are happy to advise.
Typically 6 to 8 weeks from serving the notice to receiving the party wall award, though this depends on how quickly neighbours respond and how complex the works are. We always aim to keep things moving so your project is not delayed unnecessarily. It is important to factor this timeline into your project planning before work is due to start.
No. Carrying out notifiable works without serving the correct notice is a breach of the Act. Your neighbour can apply to court for an injunction to stop the works, which can cause significant delay and cost. They may also be entitled to compensation if damage occurs. The notice process exists to protect everyone involved - including you as the building owner.
For a party structure or excavation notice, absence of written consent within 14 days triggers the Act's dispute procedure. New-wall notices under section 1 have different consequences, so first check which notice you have received. Respond promptly and keep the notice and delivery records. Where a dispute arises, an agreed surveyor or separate surveyors can be appointed. Section 10(4) addresses refusal to appoint and neglect for ten days following a written request.
For a party structure or excavation notice, absence of written consent within 14 days triggers the Act's dispute procedure. New-wall notices under section 1 have different consequences, so first check which notice you have received. Respond promptly and keep the notice and delivery records. For the appropriate notice route, you may consent or dissent and appoint a surveyor. Consent retains your rights under the Act and an optional condition record may still be useful. If you dissent, you can appoint us as your surveyor. We will inspect your property and agree a party wall award with your neighbour's surveyor that protects your property before the works begin. Both surveyors act impartially under the Act.
In most cases, the building owner who is carrying out the works pays the adjoining owner's reasonable surveyor fees. This is because the building owner is the one whose project requires the party wall process to be followed. There are exceptions - for example, if an adjoining owner instructs their surveyor to take an unreasonably obstructive approach - but in straightforward cases you should not have to pay.
You cannot stop lawful building works from going ahead. An award determines matters in dispute where the Act's dispute procedure applies. The award sets out exactly how the works will be carried out, what protections are in place for your property, and your right to compensation if damage occurs. Appointing your own surveyor, who inspects and records your property before work starts, is the most effective way to make sure it is properly protected.
Fees vary depending on the complexity of the works, the number of properties affected, and whether an agreed surveyor or separate surveyors are appointed. For building owners we charge fixed fees* that are confirmed in writing before you instruct us. If you have received a notice, our reasonable fees as adjoining owner's surveyor are normally paid by the building owner. Contact us for a fee indication based on your specific situation.
*Fees shown are for typical homeowner projects. More complex matters, for example those involving a checking engineer, section 10(4) notices and appointments, section 11 enclosure costs or security for expenses, and larger buildings in single ownership, carry additional charges. These are confirmed before work starts.
Generally, the building owner who is carrying out the works pays the surveyor fees. Where an agreed surveyor is appointed by both parties, the building owner normally pays. Where each party has their own surveyor, the building owner typically pays both sets of reasonable fees. The surveyor fees are confirmed in the party wall award. We will always be clear about fees before any work begins.
Still have questions?
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