If you’re planning construction work covered by the Party Wall etc. Act 1996, it’s crucial to understand your responsibilities as the building owner. One of your key duties is notifying your neighbours in writing before starting any work that may affect shared walls, boundaries, or structures.
In this guide, we’ll explain your responsibilities, the process to follow if there’s a disagreement, and how to choose a surveyor to ensure a smooth and legally compliant project.
Notifying Your Neighbours
The first step under the Party Wall Act is to serve a written notice to your neighbours. The notice period typically depends on the type of work, with most projects requiring notice one or two months before you start. Always aim to give plenty of notice to avoid delays and maintain good neighbourly relations.
- Who to notify:
If your work involves shared structures, such as a party wall or shared floor/ceiling, you must notify all relevant owners. This includes leaseholders (with leases longer than one year) and adjoining occupiers. Mortgage lenders do not need to be notified. - Consult your neighbours early:
It’s always a good idea to discuss your plans with your neighbours before sending formal notice. If you can address their concerns early, they may agree to your work, allowing the project to proceed smoothly.
Before you begin, you must either receive written consent from your neighbours or have a Party Wall Award prepared by a surveyor.
What Happens if There Is a Disagreement?
If your neighbours do not provide written consent within 14 days of receiving the notice, you will need to resolve the disagreement. The Act provides a solution:
- Appointing surveyors: Both parties can appoint a single impartial surveyor (known as an agreed surveyor), or each party can appoint their own surveyor.
- The Party Wall Award: The surveyor(s) will prepare an Award, which is a legally binding document. This outlines:
- What work will be done
- When and how it will be carried out
- Any conditions of access to neighbouring properties for inspections or construction
- The condition of the adjoining property before work begins
You cannot start work until either a Party Wall Award is in place or you have received written consent from your neighbours.
Choosing Surveyors and Understanding Costs
The Party Wall Act does not set specific qualifications for surveyors, but it’s essential to choose a qualified professional to avoid issues down the line:
- Chartered surveyors: The Royal Institution of Chartered Surveyors (RICS) recommends hiring chartered surveyors with MRICS or FRICS qualifications. These professionals must maintain their expertise and carry the necessary insurance to handle Party Wall matters.
- Experience: Ensure the surveyor has experience with the Party Wall Act. They should either have direct experience or be able to refer you to a colleague who specialises in this area.
- RICS regulations: Choosing a RICS-regulated firm ensures that you have access to strict codes of conduct and formal procedures for handling complaints—protections that may not be available with unregulated surveyors.
Who Pays for Surveyor Fees?
- Building owner responsibility: Typically, the building owner who serves the notice is responsible for covering the surveyor fees and any additional advisory costs.
- Shared costs: If the work involves a shared wall (e.g., repairs to a party wall), the costs may be shared between both parties. A qualified surveyor can guide you on how these costs should be split fairly.
- Adjoining owner costs: Adjoining owners may incur additional costs if they act unreasonably—for example, by making unnecessary demands on the surveyor or causing avoidable delays.
Once appointed, a surveyor cannot be dismissed by the party who chose them, although a surveyor may resign or step down if they feel unable to continue, or in the event of their passing. In such cases, a replacement surveyor must be appointed.
Final Thoughts: Stay Compliant, Avoid Disputes
Understanding your responsibilities as a building owner under the Party Wall Act is essential to ensure your project runs smoothly. Properly notifying your neighbours, managing any disagreements, and choosing the right surveyor will help avoid costly setbacks and legal issues.
📩 Not sure how to proceed with your Party Wall project?
Contact us at team@simplesurvey.co.uk for expert guidance and support in navigating the Party Wall process.