When undertaking construction or renovation works close to a shared boundary, it is vital to understand the requirements of the Party Wall etc. Act 1996. This legislation governs how works that may affect neighbouring properties must be managed. While it protects both building owners and adjoining owners, changes in the law have significantly altered how disputes are handled.
Responding to a Party Wall Notice
Once a building owner serves a formal notice, the adjoining owner has 14 days to respond.
The Role of Surveyors in Dispute Resolution
When dissent occurs, surveyors step in:
- Both the building owner (carrying out the work) and the adjoining owner (the neighbour) may appoint surveyors.
- The building owner typically pays the reasonable fees for all surveyors involved.
- The surveyors prepare a legally binding Party Wall Award, which sets out:
- How and when works can proceed.
- Protective measures for the adjoining property.
- Provisions for access, inspections, and dispute management.
Surveyors act impartially, ensuring both parties’ rights are respected and that disruption is kept to a minimum.
Common Pitfalls in the Party Wall Process
A frequent issue arises once a planning application becomes public. Some individuals—sometimes unqualified—send unsolicited letters to adjoining owners, encouraging them to appoint a surveyor (at the building owner’s expense).
⚠️ Key risks:
- These approaches often occur before a formal notice is served.
- An adjoining owner may appoint a surveyor prematurely, limiting the building owner’s ability to discuss or negotiate the works.
Advice: If you receive such letters, do not feel pressured. Wait until a valid notice is served before taking actio
Conclusion
The Party Wall etc. Act 1996 plays a key role in ensuring works near shared boundaries are carried out responsibly. Since the introduction of the Act, adjoining owners now benefit from stronger protections, as silence is no longer deemed consent.
For building owners, it is important to:
- Serve notices correctly.
- Budget for surveyor fees.
- Be aware of unsolicited approaches.
- Consider design solutions to minimise the impact on neighbours.
By planning ahead and seeking professional advice, property owners can manage projects more smoothly and avoid unnecessary disputes or costs.