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What is a Party Wall Notice ?

 

A Party Wall Notice is a document informing you that your neighbour(s) are proposing on carrying out works which fall within the Party Wall Act.

 

As the works fall within the Party Wall Act, they have had to serve you a Notice informing you of the proposed works that will take place.

 

In turn you will usually have 3-4 options. The below options have been listed below but are in no particular order.

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1. Consent to the proposed works

If you choose to consent to the proposed works then your neighbour(s) can        commence works immediately.

 

2. Dissent to the proposed works and appointed an Agreed Surveyor

This option means that you wish to use a surveyor that both yourself and your neighbour are happy with. This is usually the surveyor that has been selected by your neighbour who in turn has sent you the Party Wall Notice.

There is always some anxiousness for going with the Agreed Surveyor as people feel maybe that person is not impartial.

However as Party Wall Surveyors you will always have to be impartial regardless of who is paying your fee. The last thing a surveyor wants is to be taken to court if it is deemed, he or she were not impartial.

 

3. Dissent and appointed your own surveyor

This basically means that you wish to choose your own surveyor rather than the surveyor your neighbour(s) is using.

 

 

4. Consent to the works subject to a schedule of condition being carried out

This option means that you are ok for the works to go ahead however would feel safer and at ease if a surveyor was to attend and carry out a schedule of condition to the areas that may be affected by the Building Owners work. This is a popular option especially if an Adjoining neighbour does not wish to place a financial burden on the Building Owner.

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Do I need a Party Wall Surveyor?

You will need a Party Wall Surveyor if you have been served with a Party Wall Notice(s).

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This will probably be the first time you will have heard about your neighbour(s) proposed work. By serving you with a Notice they are initiating the process and are informing you of the work they wish to have carried out to their property for which you may share a Party Wall or are within close proximity within their proposed work. 

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In most cases when you have received a Party Wall Notice it usually means that your neighbour(s) have instructed a Party Wall Surveyor to serve you with a Notice. You will now have a few options to choose from within that notice in regards to what you wish to do, I.E. do you wish to use a Party Wall Surveyor or not? it can get a little complicated so please feel free to give us a call to discuss matters. 

What is a Party Wall Award?

  

A Party Wall Award is a legal binding document that sets our rights and responsibilities of the Building Owner(s) who wish to carry out works to their property which in turn may affect the owner(s) of the neighbour property(s).

 

The Party Wall Award has to state the names and addresses of the Building Owner(s) and the Adjoining Owner(s) names and addresses which are usually listed on Land Registry.

 

The Party Wall Award is drawn up by either one Surveyor who would be acting as the Agreed Surveyor or two Surveyors if the neighbour(s) wish to use their own surveyor. The aim of the Party Wall Award is to resolve any disputes between neighbours as a result of a home building project by the owner wishing to carry out notifiable work.

 

 

 

What else should be included in the Award?

 

  • Working hours – e.g. 9:00am – 5:00pm

  • Any indemnities for the Adjoining Owner

  • Clarification of any damage and the steps that will be required to rectify them

  • Access arrangements to the adjoining owner's property

  • Adjoining Owner’s surveyor’s fees

  • Security arrangements

  • Noise considerations

 

Usually, the Award is initially written out in a draft format and made final or ‘published’/finalised once both parties (Surveyor or Surveyors) have agreed on the details of the Award. There is a 14 day period to appeal the Party Wall Award if either owner(s) feel something is amiss, however, this is usually rare, as most of the issues are likely to have been dealt with before the Award is finalised.

 

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How long is a Party Wall Award valid for?

 

A Party Wall Award is valid for a period of 12 months from the date of its service. This would mean that the building owner must commence the proposed works within 12 months of the date of the Party Wall Award.

 

Every Party Wall Award is different and needs to be tailored to each unique building project. If you would like to know more, whether you are the Building Owner or the Adjoining Owner, please give us a call. We’re happy to have a no obligation chat to discuss your specific needs.

I’ve started my Building work and have found out that I need a Party Wall Agreement in place, what do I do?

 

This tends to happen to thousands of people on a regular basis and you shouldn’t worry too much especially if you genuinely never knew you required an Award.

You should immediately stop any notifiable Building work.

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Get in contact with a Party Wall Surveyor and inform them of your situation. The Surveyor in turn will serve your neighbour a Notice, thus beginning the process. Your neighbour will then have the chance to respond.

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Please note if you fail to cease the works that you have commenced you legal action may be taken by your neighbour.

Do I require a Party Wall Award?

 

A party wall agreement will be required if you plan on carrying out certain work(s) close to or on the Party Wall. Below is a short list of some of the works that will require you to have a Party Wall Agreement in place.

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  • Excavation works within 3 or 6 metres of your neighbour(s) property, but the proposed foundations have to be deeper than your neighbour(s).

 

  • Cutting into the party wall to place a beam(s), this could be for a loft conversion where you will most likely require beams to support the new load. You may also be cutting within the party wall to place a steel column for a structural opening. The list goes on…….

 

Minor works, such as , chasing for electrical work or pipework or drilling into the Party Wall to fix shelving or kitchen units do not require a Party Wall agreement.

Who pays for what?

 

In most cases if you are the one carrying out the Building work then it is more than likely that it will be yourself paying for the cost. This would also include the cost of your neighbour(s) surveyor if they choose to use their own surveyor.

 

There are some exclusions to this however, such as...

 

If a new party fence wall is built, then both homeowners split the cost. However, if this wall is built on your land, then all costs fall to you and it becomes your property, so your neighbour has no rights in it.

 

If a shared structure has to be rebuilt because of poor maintenance, then the costs are usually split between the two households.

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