If you’re planning construction work on or near a Party Wall, you must serve a Party Wall Notice to your affected neighbours. This legal requirement, under the Party Wall etc. Act 1996, is essential for preventing disputes and avoiding costly litigation down the line.
In this article, we’ll explain how to serve a Party Wall Notice correctly and when it’s too late to obtain a Party Wall Award.
What is a Party Wall Surveyor?
A Party Wall Surveyor is a professional appointed to oversee matters related to a Party Wall—a wall shared by two or more properties with different owners. A Party Fence Wall is an external wall standing on shared land but not forming an internal wall.
What is a Party Wall Notice?
A Party Wall Notice is a formal written notification from the building owner (the one planning the work) to the affected neighbour, informing them of construction work that may impact the party wall or related structures. If the neighbour agrees, they must provide written consent before work begins. Without this consent, a dispute under the Party Wall Act arises.
When Should You Send a Party Wall Notice?
You must serve the Party Wall Notice at least one to two months before starting work. If your project involves excavation near neighbouring foundations, the notice should include detailed drawings of the proposed work to give the neighbour a clear understanding of the impact.
When Is It Too Late to Serve a Party Wall Notice?
If the Party Wall Notice is not served within the required timeframe, or if the neighbour fails to respond, a dispute arises. At this point, surveyors from both parties will be appointed to assess the properties and draft a Party Wall Award.
If you start work without serving the notice or obtaining an award, you could face legal action and liability for compensation. If the work is already underway, the burden of proof for any pre-existing damage may shift from the neighbour to you, the building owner.
How Long Does It Take to Draft a Party Wall Agreement?
Once all details and construction plans are submitted, it typically takes 3 to 6 weeks to draft a Party Wall Award. If the details are incomplete, it could take up to 2 months. After the award is served, both parties have 14 days to appeal in county court.
To avoid any delays or disputes, it’s advisable to hire an experienced surveyor early in the process. They can ensure the notice is served correctly and guide you through the process efficiently.
Need Help with a Party Wall Notice or Agreement?
Contact Simple Survey for free advice. Our reliable surveyors are here to guide you through the process, resolve Party Wall issues, and assist with compensation claims.
📩 Reach out to us at team@simplesurvey.co.uk for expert help today!