A party wall can be a shared wall or fence between two adjoining properties/lands. It is usually located on the boundary line between the properties and is owned and maintained jointly by the property owners on each side of the wall. Both owners will also have certain rights to carry out certain works.

 If you plan to carry out work that may affect a party wall, you must serve notice on the adjoining property owner(s) at least two months before starting the work (though if you haven’t realised you needed to – it’s advisable to do so as soon as possible before starting works). This gives them the opportunity to appoint their own surveyor or agree to the appointment of a shared surveyor to complete the necessary steps to authorise the works if an Agreement/Award is required. 

It is possible that with good design and communication, for notice to be consented to, without the need for Award and Surveyor involvement.

Examples of work that may require a party wall notice include:

Building a new wall on or adjacent to the boundary line

Cutting into a party wall to insert a beam or lintel – Through Lounge, Loft Conversion

Removing a chimney breast situated on a party wall.

Excavating near a neighbour’s structure, such as for drainage, a new foundation or basement

If your neighbour refuses to agree to the appointment of a shared surveyor, each property owner must appoint their own surveyor to resolve any dispute that has arisen. If the surveyors cannot reach agreement, a Third Surveyor may be appointed to make a final decision. Note – the costs associated with these in most cases are borne by the Building Owner

A party wall surveyor is an impartial professional who is appointed to oversee work on a party wall. Their role is to ensure that the work is carried out in accordance with the Party Wall etc. Act 1996 and any relevant notices and/or awards, and to resolve any disputes that arise between the property owners.

A party wall notice/Award is valid for 12 months from the date it is served. If work has not started within this time, a new notice/Award must be served.

No, you must serve notice before carrying out any work that may affect a party wall. If you start work without having first given notice in the proper way, Adjoining Owners may seek to stop your work through a court injunction or seek other legal redress which can be costly and also cause significant delays to your project. 

A party wall award is a legally binding document that sets out the rights and responsibilities of all parties involved in a party wall dispute. A dispute would arise when a notice is dissented to or if damage occurs. It is typically agreed upon by appointed surveyors and outlines the work to be carried out, how it will be carried out, and any relevant timelines and costs. This is to control the works to reduce the potential impact on neighbours and to reduce the risk of damage occurring. It also allows Building Owners to carry out works that would otherwise be illegal, or cause a trespass under common law.

 If you disagree with a party wall award, you may discuss the matter with your appointed Party Wall Surveyor or the Third Surveyor (if there is one). You also have 14 days to appeal the decision in the county court. It is recommended to seek legal advice before appealing a party wall award.

If your property is located in a conservation area or is a listed building, additional planning permissions and approvals may be required before carrying out work on a party wall. It is recommended to consult with your local council and a party wall surveyor to ensure all necessary permissions and approvals are obtained before starting work.

You can find a qualified party wall surveyor through professional organisations such as the Faculty of Party Wall Surveyors who our Surveyors are a member of or the Pyramus & Thisbe Club.  

In some cases, emergency work may be necessary to prevent damage or harm to property or people. If this is the case, you can carry out the necessary work without serving notice, but you must still notify the adjoining property owner(s) as soon as possible. It would also be advisable to engage surveyor(s) to ensure you are entitled to carry out the works proposed.

The length of time it takes to obtain a party wall agreement or award can vary depending on the complexity of the work and any disputes that may arise, as well as how many surveyors are involved. Typically, it can take one to two weeks up to 3 months to reach an agreement and obtain a Party Wall Award. Our fastest time is 5 days from notices being served and Award being issued! It required very careful and clever communication and planning with the neighbour but we managed to get it done to the satisfaction of all parties.

Yes, you can appoint your own party wall surveyor to represent your interests during the party wall process. However, it is recommended to seek the advice of a qualified party wall surveyor before making a final decision to ensure they have the necessary experience and qualifications to carry out the work. 

Any work that involves building on or modifying a party wall, excavating near a neighbour’s structure, or cutting into a party wall would require a party wall agreement and possibly an award.

If the adjoining property is unoccupied, you still need to serve notice before carrying out any work that may affect the party wall. If a notice is not responded to and the subsequent Section 10, 10 day reminder notice is also not responded to, a surveyor must be appointed on that owner’s behalf. This surveyor must be a different one to the Building Owner’s Surveyor. This Surveyor acts in lieu of the adjoining owner who may be abroad or not present. 

The fees for the party wall surveyor(s) are , in all normal circumstances,paid by the Building Owner carrying out the work.

If there is a dispute over a party wall agreement or award, appointed surveyors may need to resolve the issue. If they are unable to reach an agreement, the parties involved may need to seek legal advice. If a Third Surveyor has been appointed, either surveyor and any party to the dispute may approach the Third Surveyor for a final decision.

Yes, a party wall surveyor can be jointly appointed by both parties involved in the party wall process. This is known as the Agreed Surveyor and is the most cost effective route in having an Award completed.

A counter-notice is a response from the adjoining property owner(s) to the initial notice served by the party carrying out the work. A counter notice would identify additional works the adjoining owner would require to be carried out if the notifiable works were to proceed. These works would be funded by the adjoining owner.

Yes, a party can appeal a party wall award within 14 days of the award being made. Although not a requirement, it is advisable to wait 14 days after the service of an Award before starting works, just in case the Award is appealed.

If the party wall is not strong enough to support the proposed work, additional measures may need to be taken to strengthen the wall or alternative methods of construction may need to be considered. This would need to be considered by the design team as the matter may be picked up by a Party Wall Surveyor or a Checking Engineer and may cause delays to the project, or additional costs.

If you are carrying out work on a party wall that is shared by more than two properties, you would need to serve notice to all adjoining owners who are affected by the work.

It depends on the nature of the work. If the work only affects the party wall on your own property and does not involve cutting into or demolishing the wall, you may not need a party wall agreement. For example, fixing a nail to the party wall to hang a picture, or to chase the party wall to install new wiring. However, it is recommended to seek the advice of a qualified party wall surveyor to ensure compliance with relevant legislation.

Yes, if you believe a party wall notice is not valid, you can dispute it by responding in writing within 14 days of receiving the notice, or you may instruct a surveyor to respond on your behalf.

If your proposed work affects a chimney, flue, or other shared structure, you would need to serve notice to any adjoining property owners who are affected by the work. To ensure your neighbour is fully protected, it may be necessary to carry out a smoke test of the chimney/flue to ensure any existing defects are recorded.

 It is possible to carry out work on a party wall without a surveyor. 

If a notice is consented to then an Award is not required.  

If a notice is dissented to, surveyors will need to be appointed to resolved the matters as a dispute will have arisen within the meaning of the Act. A party wall surveyor can help ensure that the necessary steps are taken to protect the rights and interests of all parties involved, and can also help prevent disputes from arising in the first place.It is recommended to liaise with neighbours early on in the project design as this can assist is avoiding a dissent to notice(s).

If your neighbour has started work that may affect a party wall without serving notice, you should try to resolve the issue with your neighbour directly. If this is not possible, you may need to seek further advice from a Party Wall Surveyor or legal representative.

In most cases we can be appointed and write to the neighbour to make them aware of of their legal responsibilities which helps resolve matters. 

If the work has already been completed without notice being served, you may need to seek further advice from a Party Wall Surveyor to determine the best course of action.

Yes, you can request that your neighbour stop work until notice is served, but your neighbour may not be legally obliged to comply with your request. You may serve an injunction on your neighbour to stop the works until notice has been served, but informal action would be best initially.

If your neighbour has served notice after starting work, you still have the right to appoint a party wall surveyor to represent your interests and ensure that the necessary steps are taken to protect your rights.

If your neighbour has already completed work that required a party wall agreement or award, but did not follow the proper process, there would be no legal recourse, unless damage has occurred.