In the early 1990s, Parliament recognised the growing number of neighbourly boundary disputes and introduced the Party Wall etc. Act 1996 to provide a clear framework for resolving them fairly.
The Act grants Building Owners (or developers) certain rights to carry out works on or near a shared boundary, while also protecting the interests of Adjoining Owners.
Rights of the Building Owner
Under the Act, a Building Owner may legally:
- Cut into or alter a party wall or party structure
- Remove projections from a shared wall
- Underpin or strengthen the wall
- Carry out excavation works within 3–6 metres of a neighbouring structure (depending on the depth and type of work)
These rights, however, come with specific legal responsibilities to adjoining neighbours, ensuring works are carried out fairly and with proper notice.
Responsibilities and Notices
Before starting notifiable works, a Building Owner must:
- Serve formal Party Wall Notices on all affected Adjoining Owners in good time
- Appoint a Party Wall Surveyor if there is dissent (a dispute or objection)
- Ensure works do not cause unnecessary inconvenience to neighbours
- Provide compensation where required if damage or disruption occurs
Surveyors appointed under the Act must always act impartially. Both parties can agree to appoint a single Agreed Surveyor to act on behalf of both sides.
Acting for Building Owners
When instructed by a Building Owner, our services typically include:
- Identifying neighbouring ownerships via Land Registry searches
- Preparing and serving valid Party Wall Notices
- Liaising with architects and engineers to ensure drawings comply with the Act
- Drafting and negotiating Party Wall Awards
- Advising on and agreeing any necessary supplementary Awards
- Confirming and overseeing any remedial works if damage occurs
Acting for Adjoining Owners
When instructed by an Adjoining Owner, our services include:
- Reviewing notices to confirm validity under the Act
- Visiting and recording the condition of the property before works begin
- Negotiating and agreeing the terms of the Party Wall Award
- Monitoring works as appropriate during construction
- Inspecting the property post-works to confirm defects and ensuring they are repaired
Appointment of Surveyors
The Act is designed to prevent deadlock. If either party refuses or fails to appoint a surveyor, the other side may make the appointment on their behalf under Section 10 (4) of the Act. All appointments must be made in writing and cannot be withdrawn once confirmed.
Why Choose Simple Survey?
At Simple Survey, we act for both Building Owners and Adjoining Owners, providing impartial, expert guidance at every stage of the Party Wall process. Our transparent, fixed-fee pricing makes us the UK’s cheapest party wall surveyors, without compromising on quality.
📩 Email team@simplesurvey.co.uk today for free advice or to get your no-obligation Party Wall quote.