The Party Wall etc. Act 1996 may seem complex, but it doesn’t need to be. Below are the key terms you’ll most likely encounter when dealing with Party Wall matters, explained in plain English.
Building Owner
The person (or company) planning to carry out the works. This can be a freeholder, or a leaseholder with more than 12 months remaining on their lease.
Adjoining Owner
Your neighbour — the individual whose property may be affected by the proposed works. Like the Building Owner, they can be a freeholder or leaseholder.
Party Wall Surveyor
An independent professional appointed to ensure the Act is followed fairly and disputes are resolved properly. Typical duties include:
- Advising owners on rights and responsibilities
- Reviewing drawings and proposals
- Acting for one side, or impartially for both as the Agreed Surveyor
- Preparing a Party Wall Award where required
Notice
The formal document a Building Owner serves on their neighbour to notify them of planned works.
- The Adjoining Owner has 14 days to reply.
- A lack of response is treated as dissent.
- Both parties can still agree informally at any point.
Consent
If the Adjoining Owner agrees to the works, they provide consent.
- This avoids the need for surveyors.
- Consent can later be withdrawn if a dispute arises.
Dissent
If the Adjoining Owner does not consent, this is known as dissent.
- Each side may appoint their own surveyor, or agree on a single Agreed Surveyor.
- The appointed surveyor(s) then prepare a Party Wall Award.
Dispute
A dispute arises once a notice has been dissented to. At this point, surveyors step in to resolve matters under the framework of the Act.
Party Wall Award
A legally binding document that sets out:
- How and when the works must proceed
- Access rights, methods, and restrictions
- Protective measures for the Adjoining Owner if damage occurs
An Award usually includes surveyor reports, photographs, drawings, and a Schedule of Condition. Both owners have the right to appeal if they believe the Award was made incorrectly.
Not sure if the Act applies to your project, or need guidance on notices and awards?
📩 Contact team@simplesurvey.co.uk, England and Wales’ most cost effective Party Wall Surveying team with Party Wall Notice fees from £25.00 and Party Wall Award fees capped at £325.00. We will not be beaten on price!