At Simple Survey, we often receive last-minute requests from building owners eager to start their construction works immediately, only to realise they haven’t yet served a Party Wall Notice. In this article, we break down the typical timescales involved in securing a Party Wall Award and address common questions about how to expedite the process.
Can You Help if I Want to Start Construction Next Week?
While it’s possible to serve a Party Wall Notice and obtain consent, or reach an agreement on a Party Wall Award, at short notice, it depends largely on the relationship you have with your neighbour. The more cooperative and understanding your neighbour is, the quicker the process can be. However, it’s important to understand that there are no shortcuts to the legal process outlined in the Party Wall etc. Act 1996.
In these situations, we do our best to assist building owners, but even in the best-case scenario, you must adhere to the required procedures and timelines.
What Steps Do I Need to Take?
The first thing you’ll need is an experienced Party Wall surveyor to review your project plans and proposals to determine whether your work is notifiable under the Party Wall etc. Act 1996.
Before your surveyor can make this assessment, you must provide them with all the relevant architectural drawings and structural engineering details. We often encounter incomplete or missing drawings, such as those lacking building sections, which should include details like the depth and design of foundations.
Without the proper documentation, Party Wall Notices cannot be served. If your works are deemed notifiable, you’ll be legally required to serve notice to your neighbour. We strongly recommend having an experienced Party Wall surveyor prepare and serve your notices to ensure they are valid and prevent any further delays.
How Long Does It Take to Serve a Party Wall Notice?
The timescales for a Party Wall Notice depend on the type of work being carried out:
- Excavation or Line of Junction Notices: You must provide a minimum of one month’s notice before commencing work.
- Party Structure Notices: A minimum of two months’ notice is required.
While your neighbour may agree to waive some of this notice period, they are under no obligation to do so. They can insist on waiting until the full notice period has elapsed.
Once you serve the Notice, your neighbour has 14 days to respond. If your relationship with your neighbour is positive, we recommend delivering the notice in person. This allows you to address any questions they may have right away. However, they are under no obligation to return the notice to you immediately.
If you do not receive a response within the 14-day window, you will need to send a reminder notice 10 days later. If your neighbour still doesn’t respond, you must appoint a surveyor to act on their behalf and proceed with a Party Wall Award.
This is why it is crucial to seek advice from a Party Wall surveyor as early as possible.
Can I Achieve a Quick Party Wall Award if My Neighbour Dissents?
If your neighbour dissents to your Party Wall Notice, they are entitled to appoint their own surveyor. However, they may also agree to use the building owner’s surveyor as an agreed surveyor. When only one surveyor is involved, the process can be much quicker, as there is no need to coordinate the availability of two surveyors.
If the notices have been served promptly, the agreed surveyor is appointed, it is possible to have the Party Wall Award finalised within a week.
Key Takeaways:
- Timelines Matter: You must serve the necessary notices a minimum of 1 to 2 months in advance, depending on the type of work. While your neighbour may consent to a shorter period, they are not obligated to.
- Proper Documentation: Ensure that all architectural and structural drawings are complete and accurate. Missing information can delay the process.
- Cooperative Neighbours: A good relationship with your neighbour can expedite the process, especially if they agree to waive certain timelines or use an agreed surveyor.
- Surveyor Involvement: It’s crucial to involve an experienced Party Wall surveyor early to avoid delays and ensure compliance with the legal framework.
In cases where time is of the essence, Simple Survey can work quickly and efficiently to help you achieve a Party Wall Award, but proper planning is essential to avoid complications.
If you’re facing tight deadlines, get in touch with Simple Survey for guidance and support to ensure a smooth and timely process.