The Party Wall etc. Act 1996 has been in place for over 20 years, yet many building owners still find it confusing. As a result, Party Wall Surveyors are often appointed to ensure compliance with the Act’s requirements.
The Party Wall Act governs work directly affecting an existing party wall or structure, but it also covers:
- New building work near or on the boundary between properties
- Excavations within 3 to 6 metres of neighbouring buildings, depending on the depth of the work
Projects may involve multiple categories and various structures. Below are some of the most common misunderstandings about the Act:
1. Neighbour’s Permission Replaces Official Consent
This is incorrect. Even if your neighbour verbally agrees to the work, you must still serve a Party Wall Notice. Neighbours then have 14 days to respond in writing. Without this, you lack legal protection against damage, and a Party Wall Surveyor cannot assist.
2. The Act Doesn’t Apply to Extensions Within Your Property
Section 6 of the Act clarifies that work within your land can still affect your neighbour’s foundations. Excavations within 3 metres (or up to 6 metres for deep foundations) require a Party Structure Notice.
3. Neighbours Can Refuse Access
If you’ve served the correct Section 1 Notice, you have the right to access the neighbouring property if necessary—even removing fences or doors, with police support if required. There is no need for a court order.
4. No Response Means You Can Start Work
If neighbours don’t respond within 14 days, it is considered dissent. In this case, they must appoint a surveyor, or one will be appointed on their behalf.
5. You Can Get a Retrospective Party Wall Award
Retrospective awards are possible but only at the surveyor’s discretion and with both parties’ agreement. If disputes arise, they can escalate into costly court proceedings.
Need Help with Your Party Wall Matters?
If you have questions or need assistance with your Party Structure Notice, don’t hesitate to reach out. Contact us for expert guidance on all Party Wall matters in London.
📩 Get in touch at team@simplesurvey.co.uk for professional support and advice!