The Party Wall etc. Act 1996 is a legal framework designed to allow construction work on or near party walls while ensuring the protection of neighbouring properties. It outlines the procedures to follow when your proposed work might impact a neighbour’s property.

Projects covered under the Act include:

• Constructing on an undeveloped boundary (e.g., building a new wall for a rear extension).

• Altering shared walls and structures (e.g., installing steel beams, removing chimney breasts).

• Excavating near a neighbour’s property (e.g., for foundations or basement construction).

Yes – If your proposed work falls under the Party Wall etc. Act 1996, you are legally obligated to comply. Ignoring the Act can result in injunctions, project delays, and costly legal expenses.

It’s important to note that the Party Wall Act operates independently of planning permission or building regulations.

Before starting any work, the Party Wall etc. Act 1996 requires you to notify your neighbours and serving them a formal notice outlining your intended construction.

This notice must follow a specific format and adhere to strict timelines that both you and your neighbours are required to meet. While you have the option to serve the notice yourself, any mistakes could render the process invalid. For this reason, many people choose to rely on our expertise to handle it correctly.

In some cases, you might even serve notice unnecessarily. A few small adjustments to your proposed plans could eliminate the need for a notice altogether, saving time, money and simplifying the process.

Yes – The Party Wall Act is distinct from planning permission and building regulations.

If your neighbour’s proposed works fall under the Party Wall etc. Act 1996, they are legally obligated to comply with its provisions. Failing to do so can result in an injunction, delays, and costly legal expenses!

The Act is triggered when your neighbour serves you with a formal notice of their intended works.

Before starting any work, the Act requires your neighbour to serving you a formal ‘notice’ outlining their intended works.

This notice should include details about the proposed work and the planned start date. Both you and your neighbour must adhere to specific timelines during this process.

The Act only takes effect once notice has been served. Without it, the provisions of the Act are not triggered, making it essential that you receive the notice before work begins.

If you haven't received a notice, we can assist by reaching out to your neighbour on your behalf to request that they serve one. Our impartial and fair approach ensures that most building owners understand you’re not trying to be obstructive, often leading to us being appointed as the single agreed party wall surveyor.

First and foremost, do not overlook this.

If you fail to respond within a specified time frame, your neighbour may appoint a party wall surveyor on your behalf.

You have the following options:

1. Agree to the notice (this allows you to consent while still benefiting from all the protections provided by the Act).

2. Disagree with the notice and jointly select a single agreed surveyor (you are not obligated to use the surveyor suggested by your neighbour; you are free to propose your own choice).

3. Disagree with the notice and each appoint your own surveyor (this is typically recommended if you have significant concerns regarding the neighbour's work or contractor, though smaller projects like extensions or loft conversions may typically proceed with consent or an agreed surveyor). Generally, the neighbour carrying out the construction (referred to as the Building Owner) is responsible for covering the costs of the Party Wall Surveyor(s). 

When handled correctly, the Party Wall Act offers a far more affordable solution than turning to Common Law and legal professionals.

The most cost-effective option is if your neighbour agrees to your proposed work. The next most affordable route is for both parties to appoint a single agreed surveyor to address any issues.

While consent might seem like the cheapest option, in practice, many neighbours may be hesitant to agree to your party wall notice, especially if they are unfamiliar with the process.

We help by acting as a trusted, independent authority, providing neighbours with essential information about their rights under the Act (such as their right to compensation for any potential damage or the fact that they can consent while still benefiting from the protections the Act offers). Additionally, we can guide you on the best approach to engage your neighbours and achieve a positive outcome.

For most simple projects, like loft conversions or rear extensions, if both parties are reasonable, the process can typically be resolved through consent or by appointing a single agreed surveyor.

We believe most building owners don’t intend to create issues for their neighbours; they simply want to build safely and without hassle. However, it’s important for them to understand that you also want to be minimally inconvenienced and fully protected if anything goes wrong.

By being honest and reasonable, most neighbours will recognize this approach and respond positively.

The same applies to the surveyor you choose. The demeanour and professionalism of your surveyor can greatly influence whether the outcome is amicable or contentious.

By following these principles, you greatly increase your chances of achieving the protection you need while minimizing potential conflicts.

We believe that most adjoining owners are not opposed to their neighbours carrying out work; they simply want to be well-informed and reassured that they will be protected in case anything goes wrong.

If you approach the situation with honesty, reasonableness, and clear communication, most neighbours will appreciate this and respond positively.

The same approach applies to the surveyor you appoint. The way your surveyor conducts themselves and presents the process can be a key factor in whether your neighbour agrees to appoint a joint surveyor.

By adhering to these principles, you significantly increase your chances of gaining your neighbour's support. This creates an environment of mutual respect, making it more likely that the adjoining owner will either consent to your work or agree to appoint a joint surveyor.

By law, a party wall surveyor only needs to be appointed if a 'dispute' arises—such as when your neighbour refuses consent for your works or fails to respond to your notice. However, many people choose to involve us from the outset to handle the notice-serving process on their behalf.

If your neighbour does not consent, it doesn’t prevent your project from moving forward. Instead, party wall surveyors must be appointed to resolve the issue and create a party wall agreement, known as an 'Award.' This document considers your neighbour's rights and sets conditions that allow your work to proceed.

Both parties can either agree to appoint a single joint surveyor (which is typically faster and more cost-effective) or each select their own surveyor.

Generally, the neighbour carrying out the construction (referred to as the Building Owner) is responsible for covering the costs of the Party Wall Surveyor(s). If both parties—the Building Owner and the Adjoining Owner—handle the situation fairly, many straightforward projects, such as loft conversions or rear extensions, can be settled through consent or with a single agreed surveyor, resulting in no costs for the Adjoining Owners.

Adjoining Owners should be cautious when selecting a surveyor, as only reasonable fees are typically covered by the Building Owner. If the appointed surveyor requests unnecessary work or charges excessively, the Adjoining Owner may be liable for those additional costs.

Choosing the right Party Wall Surveyor is essential, as once appointed, they cannot be replaced.

Be wary of "opportunistic surveyors"—those who track planning applications and send unsolicited letters designed to pressure neighbours into hiring them. These surveyors often charge inflated hourly rates, leaving you with the bill.

Keep an eye on unusually high fees. Consider whether party wall costs for a simple project should really surpass the actual cost of the work. On the flip side, be wary of low, fixed fees. If the job takes longer than expected, you may notice a drop in the attention given to your project.