Often, an adjoining owner only becomes aware of planned works when they receive a party wall notice from their neighbour. Upon receiving this notice, the adjoining owner can either agree (consent) or disagree (dissent) with the proposed work. If no response is given within 14 days, the adjoining owner is automatically considered to have dissented, which means the parties are officially ‘in dispute’ under the Act. When this happens, each party must appoint a surveyor so that a Party Wall Award can be prepared and issued.
Once the two surveyors are appointed, they have the option to select a Third Surveyor who can step in to resolve any disagreements they cannot settle themselves. However, referrals to the Third Surveyor are uncommon.
A Party Wall Award is a legally binding document that identifies the parties involved, outlines the proposed work, and details the agreed safeguards to minimize risks and avoid causing unnecessary disruption to the neighbours.
Typical issues addressed in a Party Wall Award may include:
- Working hours
- Control of dust and excessive noise
- Measures to reduce vibration
- Access arrangements to the adjoining owner’s property
- Security considerations
More detailed examples of how these concerns are managed by party wall surveyors can be found on our blog.
The award will also include a schedule of condition describing the parts of the adjoining property considered vulnerable to damage, along with copies of relevant drawings and method statements. Once the work is completed, the surveyor representing the adjoining owner will usually conduct a follow-up inspection to check that no damage has occurred.
For higher-risk projects—such as underpinning a party wall or basement excavation—the adjoining owner’s surveyor may seek independent engineering advice to ensure safety.
It’s important to note that party wall surveyors do not have jurisdiction over planning matters like the size or appearance of extensions or potential loss of light; these issues must be dealt with through the standard planning application process.
Generally, the building owner (the person carrying out the work) pays the fees for both their own and the adjoining owner’s surveyor. While this isn’t explicitly required by the Act, it’s the accepted practice among party wall professionals. The adjoining owner’s surveyor keeps track of their time and submits their fee to the building owner’s surveyor for approval once all matters are resolved. If the two surveyors cannot agree on a fair fee, the Third Surveyor can be asked to make a final decision.
The Act does allow for a single surveyor to act for both parties, known as an ‘agreed surveyor,’ but many adjoining owners prefer to appoint their own independent surveyor to represent their interests.