As experienced Party Wall surveyors, we’ve written this guide to clear up some of the most common misunderstandings we hear from building owners and neighbours alike.
The Responsibility Lies With the Building Owner
If you’re planning work that falls under the Act, it’s your legal duty to serve notice on any affected neighbours. This isn’t optional and must be done before work begins.
You May Need to Serve Multiple Parties
Notices must be served on all parties with a legal interest in the adjoining property exceeding a yearly tenancy. That could include freeholders, leaseholders, or even both in cases like converted flats.
Neighbours Have the Right to Consent or Dissent
Once notices are served, your neighbour can consent, allowing the works to move forward, or dissent, which triggers the dispute resolution process under the Act.
One Surveyor or Two?
Each party can appoint their own surveyor, or both parties can agree to use the same impartial surveyor. Regardless of who appoints them, surveyors are legally bound to act independently and in accordance with the Act.
Surveyors Act Under a Legal Statutory Duty
Even though surveyors are appointed by the property owners, they don’t act as personal representatives. Instead, they act under the authority of the Party Wall Act, making decisions independently, fairly, and legally.
Once the Award Is Served, Work Can Begin
Assuming the statutory notice period has passed (or been waived), the Party Wall Award sets out the rights and responsibilities of both parties. After this, and subject to its terms, building work can legally commence.
Surveyors May Re-Enter If Disputes Arise
After the Award is served, surveyors typically step back unless issues arise — such as damage, non-compliance, or further disputes. They’ll step back in to resolve matters and, where needed, update or enforce the Award.
Building Owner Pays (Usually)
In most cases, the building owner – as the one benefitting from the work – is responsible for all reasonable professional fees associated with the process, including those of the neighbour’s surveyor (if appointed separately).
The Act Exists to Protect Everyone
The Party Wall Act balances the rights of the person building and the person affected. You have the right to develop your property, but your neighbour has the right to be properly informed and protected.
🚨 Don’t Start Without Serving Notice
We regularly hear from frustrated neighbours whose properties have been affected by building works without proper notice or a Party Wall Award in place. If caught early, we can often resolve things amicably. But if work continues unchecked, your neighbour may apply for an injunction to stop work, demand compensation for damages, and seek legal costs – all of which are time-consuming, expensive, and likely to destroy neighbourly relations.
💬 Let’s Keep It Simple
Need to serve a Party Wall Notice? Received one and unsure how to respond? Avoid costly mistakes and delays — speak to the experts.
📧 Email us today at team@simplesurvey.co.uk
We’re here to make the process simple, clear, and legally sound.