If you’re planning building works that may impact a neighbour’s property, the Party Wall etc. Act 1996 could apply — and ignoring it can lead to costly delays.
When Does the Act Apply?
The Act is designed to manage disputes between neighbours when proposed building works affect shared or adjoining structures. It typically covers:
- Constructing on the boundary line (the “line of junction”) where no structure currently exists
- Alterations or repairs to an existing party wall or boundary wall
- Excavations within a specified distance of a neighbouring property
Notifying Your Neighbour
As the person proposing the works (the Building Owner), you must serve a formal notice to the affected neighbour (the Adjoining Owner), whether they’re a leaseholder or freeholder. Once served, the Adjoining Owner can:
- Give consent to the works
- Consent with conditions, such as a schedule of condition survey
- Dissent, leading to each party appointing their own Surveyor who will agree terms in a legally binding Award
- Dissent but agree to appoint a single, impartial Agreed Surveyor
- Fail to respond, in which case a Surveyor may be appointed on their behalf and the matter proceeds as if they dissented
- In cases with two separate Surveyors, a Third Surveyor is selected to resolve any disputes or step in if one Surveyor becomes unavailable
Who Pays the Surveyors?
In most cases, the Building Owner covers the Surveyors’ fees — including any reasonable costs from third-party professionals such as Structural Engineers — although this can be adjusted by the Third Surveyor depending on the circumstances.
Minor Works vs. Major Projects
For smaller domestic works, a simple agreement may suffice. However, larger developments or concerns raised by the Adjoining Owner usually result in a formal Award. Regardless of scale, the Building Owner is legally responsible for covering any damage caused — accidental or otherwise — as assessed against an agreed condition survey carried out before works begin.
What Is an Award?
An Award is the formal document that outlines the Building Owner’s proposals, sets conditions for the work, and protects both parties. It typically includes:
- Detailed plans and construction methods
- Working procedures and timeframes
- Legal responsibilities and indemnities
Need Help Navigating the Party Wall Process?
Whether you’re a homeowner or developer, make sure your project stays compliant and on track. Contact our expert team today at team@simplesurvey.co.uk for professional, no-nonsense advice and support.