Whether you’re the Building Owner planning works or the Adjoining Owner affected by them, the Party Wall etc. Act 1996 provides powerful protections—provided you know how to use them.
Below is your practical, plain-English guide to squeeze the most benefit from the Act’s safeguards while keeping projects moving smoothly.
1) Know the trade-offs of the Agreed Surveyor route
The Agreed Surveyor pathway can be faster and cheaper for straightforward schemes, but it reduces protection in the process:
- One set of eyes not two: there’s no second surveyor checking the drafts and no Third Surveyor sitting in reserve by default.
- Fit for simpler works (e.g., typical loft beams, chimney breast removal done carefully, modest extensions) with trusted neighbours and clear drawings.
- If design risk is higher (deep excavations, basements, underpinning, complex sequencing, or limited neighbour trust), the two-surveyor route provides:
- Independent review on each side, and
- A pre-selected Third Surveyor to adjudicate if needed.
Tip: Before agreeing a single surveyor, ask for a written outline of how they’ll deal with access, protective measures, variations and damage—then assess if that comfort level is enough for your project.
2) Make the Award work hard for you
A well-drafted Party Wall Award turns abstract protections into clear, enforceable obligations. Sensible clauses commonly include:
- Low-vibration working for Section 2 works (works to a party wall / party fence wall / party structure):
- Hand tools and non-percussive methods when cutting, chasing or forming pockets in shared fabric.
- Controlled drilling techniques (depth stops, pilot holes, sequential work).
- Excavation & foundation safety (Section 6, and, where relevant, Section 1 access works):
- Fill trenches promptly (often within ~12 hours) or shore/brace if left open longer.
- Staged pours and agreed temporary works so no edge is left unstable.
- Method statements for plant positioning, spoil storage, and deliveries near boundaries.
- Weathering & temporary works for roof or envelope openings (typical in lofts and extensions):
- Temporary weatherproofing once coverings are removed;
- Progressive make-safe before the site is closed each day.
- Access controls (Section 8):
- When access is allowed (days, hours, duration windows),
- Where (precise footprint, no creep),
- How (fencing/hoarding, ground protection, window/door shielding), and
- Housekeeping (debris removal, daily tidy, dust/dirt control).
- Damage route to resolution:
- Clear process to notify, validate causation, price the making-good or cash settlement, and timelines to settle.
- Who investigates and how disagreements are escalated to surveyors for determination.
Bottom line: The “small” inclusions (hand tools, time-limited trenches, protection boards, dust containment) dramatically cut the risk of damage and complaints. Ask your surveyor to make these explicit and project-specific.
3) Use your surveyor—that’s what they’re for
Surveyors are appointed under statute to resolve the Act’s “dispute” and to shape practical protections:
- Ask questions early: “How will dust be contained?” “What’s the plan if the trench can’t be poured today?” “How will the party wall be cut?”
- Request plain English: You’re entitled to understand the time and manner of the works, access boundaries, and how damage will be handled.
- Raise concerns promptly: The earlier a risk is flagged (e.g., heavy breakers proposed on a party wall), the easier it is to adjust methods before issues occur.
4) Practical tactics for both owners
If you’re the Building Owner
- Share the Award with your contractor and walk them through it item by item (methods, access hours, temporary works, damage protocol).
- Programme accordingly: If trenches must be poured the same day, plan labour, plant, and ready-mix slots to match.
- Keep communication open with your neighbour—swift replies prevent small grumbles turning into formal costs.
If you’re the Adjoining Owner
- Read every protection clause so you know what to expect (hours, noise levels, access set-up).
- Monitor adherence: If methods deviate, notify the surveyor(s) quickly—corrections are far cheaper mid-task than after damage occurs.
- Engage constructively: Most builders will accommodate reasonable on-the-spot adjustments that still comply with the Award.
5) Red flags to avoid
- Over-reliance on “we’ve always done it this way.” The Award controls; custom does not.
- Assuming “temporary” equals “casual.” Temporary works (props, braces, weathering) are critical protections—not optional.
- Letting access “creep.” If access needs more time/area than awarded, it must be agreed via surveyors, not informally extended on site.
Protect Your Project the Smart Way
Have an upcoming build—or a neighbour starting soon?
Email team@simplesurvey.co.uk for a free protections check on your draft or served Award. We’ll highlight any weak spots and outline practical upgrades—in plain English.
Simple Survey — Fixed Nationwide Fees (RICS-Qualified)
| Service | What’s included | Fixed price* |
|---|---|---|
| Party Wall Notice (per Adjoining Owner) | Drafting, validity checks, service & tracking | £25 |
| Agreed Surveyor Award | Impartial single-surveyor Award protecting both sides | from £300 |
| Building Owner’s Surveyor (two-surveyor route) | Negotiations, tailored protections, Award drafting & service | from £325 |
*Complex schemes (e.g., basements, deep excavations, security for expenses, independent engineering input) may require additional specialist work—we’ll flag this up-front. No surprises.
Nationwide coverage • Fixed fees • RICS-qualified and experienced
FAQ
Q1: Can an Award require hand tools only?
Yes—especially for Section 2 works to party walls/structures where vibration control protects the neighbour’s fabric. It’s a common and sensible safeguard.
Q2: What if the contractor ignores the Award?
Tell the surveyor(s) immediately. Non-compliance can trigger formal action and, if necessary, enforcement via the courts. It’s far better to correct methods on the day than to fix damage afterwards.
Q3: Can access be refused if it feels inconvenient?
If access is awarded under Section 8 and the works are genuinely notifiable, it’s a legal right—subject to strict limits, timings and protections. You can’t refuse lawful, Award-compliant access.
Q4: We took the Agreed Surveyor route and now we’re uneasy—can we switch?
Changing pathways mid-process is difficult. If trust has broken down or new complexities emerge, raise concerns with the surveyor. In some cases, owners can agree to move to a two-surveyor route, but expect delay and cost; it’s not guaranteed.
Q5: How do I check if protections are proportionate to risk?
Ask your surveyor for a brief risk-to-protection rationale: excavation depth vs. support method, vibration risk vs. tool choice, weather risk vs. temporary coverings. You should see a clear link between the risk and the protection.
Ready to build (or be protected) with confidence?
Get your free protections check today: team@simplesurvey.co.uk.