FAQs

A Party Wall is the wall which separates two adjoining Properties, typically found in semi-detached and terraced houses. (mentioned a type b Party Wall)

The Building Owners are the owners of the property who intend to carry out building works to that property.

The Adjoining Owners are the owners of the property adjacent to, or in close proximity to, the Building Owners’ property.

The service of Party Wall Notices is a legal requirement for those works which are captured by the Party Wall Act. The notices must specify the details of the notifiable works, and they must be served on the Adjoining Owners prior to the works being undertaken.

If they wish, Building Owners can serve Party Wall notices on the Adjoining Owners themselves. 

However, serving Party Wall notices requires a detailed knowledge of the Act, and of building construction.  It is essential that the notices are served under the correct sections of the Act, and that the notices include all the information as required by the Act, without which they are invalid.  Where notices are invalid, fresh notices must be served.

It is generally recommended that the Party Wall notices should be served by a Party Wall surveyor, in order to ensure that they are correctly served to avoid delaying the works. 

Works which require the service of Party Wall notices are referred to as the Notifiable Works.  Notifiable works fall into the following categories:

Section 1 – Building on the Line of Junction
This applies where the Building Owners intend to build a new wall on, or astride, the Line of Junction (the legal boundary.)

Section 2 – Works affecting a Party Structure
This applies where the Building Owners intend to undertake work affecting a Party Structure, which is typically the wall separating semidetached or terraced houses, but may also be the floor/ceiling separating flats located one above the other. 

Section 6 – Excavations within 3 or 6 metres of the Adjoining Owners’ premises
This applies where the Building Owners intend to build an extension or a new property, and where this will involve excavating to create foundations.  Where the excavations will be within either 3 or 6 metres of the Adjoining Owners’ foundations (depending on the depth), and where these excavations will be to a greater depth than the base of the Adjoining Owners’ foundations, then notices must be served. 

The statutory notice periods under the Act are as follows:

Section 1 – Building on the Line of Junction      Notice period – 1 Month

Section 2 – Works affecting a Party Structure   Notice period – 2 Months

Section 6 – Excavations within 3/6 metres        Notice period – 1 Month

Having served the notices, the Building Owners may not commence the works ahead of the expiry of the relevant statutory notice periods, unless the Adjoining Owners give them permission to do so.

Excavations in close proximity to the Adjoining Owners’ premises temporarily remove the lateral support provided to their foundations. Particular consideration is given to older properties which often have relatively shallow foundations.

Although detached houses do not share a Party Wall with the Adjoining Owners’ premises, the works will be notifiable to the Adjoining Owners if the proposals include any excavation works which will be within either 3 or 6 metres of their property (depending on the depth.)

A Party Wall Award is a legally binding document which includes the details of the notifiable works, and the manner in which those works must be carried out to minimise the risk of damage being caused to the Adjoining Owners’ premises.   This also protects the Building Owners, as the Building Owners are liable for the cost of any repairs, if damage should be caused by their works.  

No.  The Award only covers the Notifiable Works.  For example:

• The Building Owners may intend to construct a single storey rear extension, set back from the boundary, but within 3 metres of the Adjoining Owners’ premises.  Notices are required under section 6 of the Act – Excavations within 3 metres.
• Building the extension will involve several different elements, including the excavations, construction of new external walls, and adding the roof structure.
• Once the outer shell is completed, the works will continue, with plastering, plumbing and wiring, and adding the kitchen units.
  In this scenario, although the project includes a variety of works, it is ONLY the excavation works which are covered by the Act.

People often refer to a “Party Wall Agreement”, but actually this term is not recognized by the Act.  Most people are actually referring to the Party Wall Award.

Dissent and dispute are generally used in an adversarial or confrontational way.  For most people, a dispute means an argument or disagreement. 

In the context of the Party Wall Act, the definition of consent, dissent and dispute are as follows:

Consent 
Consent means that the Adjoining Owners have no concerns regarding the proposals. As such, where the Adjoining Owners provide consent to a Party Wall notice, there will be no further involvement of Party Wall surveyors, with no schedule of condition prepared of the Adjoining Owners’ premises, and no Party Wall Award. 

Dissent
Dissent means that the Adjoining Owners are concerned about the possibility that their property may be damaged by the works, and they wish to receive protection against potential damage under the Party Wall Act.  

Dispute
When the Adjoining Owners dissent to a Party Wall Notice, the parties are considered to be in Dispute.  The dispute must be settled through the appointment of Party Wall surveyors and the service of a Party Wall Award, specifying the manner of the works,  access provisions, permitted working hours, and the Building Owners’ obligations not  to cause unnecessary nuisance, and to deal with any damage caused by their works. 

If you consent to a Party Wall notice, then there will be no further involvement of Party Wall surveyors.  This means that there will be no schedule of condition will be recorded of the Adjoining Owners’ property prior to the works, and no Party Wall Award will be served.  

Consent subject to a Schedule of Condition means that the Building Owners’ surveyor will record the condition of the Adjoining Owners' premises, creating a record of the condition including any existing defects prior to the works commencing.  

This can then be referred to after the works are complete, if there is any claim that damage has been caused.  However, this option means the Party Wall Surveyor will not be required to serve a Party Wall Award, and therefore has no jurisdiction to stipulate any safeguards in relation to the way the work must be carried out.  Furthermore, the Party Wall Surveyor has no jurisdiction to deal with any damage if damage is caused by the works.

A Schedule of Condition is a written and photographic record, or sometimes video footage, recording the condition of the Adjoining Owners’ property – those parts most likely to be affected by the works – prior to the notifiable works commencing. 

It includes details of any existing cracking or other defects which exist in the Adjoining Owners’ property.

The Schedule of Condition may be referred to in the event of any claim that damage has been caused by the works, and can be used to demonstrate that the damage did not already exist.  

In addition, the Schedule of Condition provides protection to the Building Owners, by preventing an Adjoining Owners from claiming that damage has been caused which already exists.

Consent does not waive the Adjoining Owners’ rights under the Act.

Where the Adjoining Owners provide consent, they are consenting to the notices, but they are not consenting to damage caused subsequently by the works. 

Where damage is caused, even where consent was given, the Adjoining Owners still have rights under the Act.  

Where the Adjoining Owners dissent to a Party Wall notice, (or if they fail to respond within the statutory time period), then the parties are “in dispute” or deemed to be in dispute, and the dispute must be settled by the appointment of Party Wall surveyors, who will serve a Party Wall Award, specifying the manner of the works to minimise the risk of damage.  

The Award will also cover other matters such as working hours, access provisions, unnecessary nuisance, and the Building Owners’ liability to deal with any damage caused by their works. 

If damage is caused, the Award provides a mechanism to deal with the damage without having to resort to litigation.

The Building Owners and the Adjoining Owners may choose to appoint their own Party Wall surveyors, or they may both concur in the appointment of an Agreed Surveyor.

Either way, it is the statutory duty of any Party Wall surveyor, whether appointed by the Building Owners, the Adjoining Owners, or both, to remain impartial when administering the Act.  

The role of the Party Wall surveyor is to ensure that the Adjoining Owners and their premises are protected against damage and unnecessary nuisance being caused by the notifiable works, whilst enabling the Building Owners to carry out those works.  

The Act allows that it is for the Adjoining Owners to decide whether they are happy to appoint an Agreed Surveyor, or whether they would prefer to appoint their own surveyor.  In either case, the Building Owners are responsible for the costs of the Party Wall surveyors, including those cases where the Adjoining Owners exercises their right to appoint their own surveyor.

It is usual for the Building Owners – the owners of the property who are carrying out the notifiable works – to pay the cost of the Party Wall surveyors, including those cases where the Adjoining Owners exercises their right to appoint their own surveyor.

Where two party wall surveyors are appointed, they must select a Third Surveyor, to resolve a dispute between them and/or the owners on matters relating to the notified works. 

Whilst the appointed surveyors have a duty to select a Third Surveyor, the Third Surveyor will be unaware of their selection, unless/until they are approached by either the appointed surveyors or one of the parties. 

It is rarely necessary to approach the Third Surveyor.  Any approach to the Third Surveyor could incur costs for either the Building Owners or the Adjoining Owners, and any referral should be considered carefully.

Here is a brief list of the locations we cover by London Borough or County:

Party Wall London

Brent

Barnet

Camden 

Ealing

Enfield

Hammersmith and Fulham

Harrow

Hillingdon

Hounslow

Kensington

Richmond

Westminster

Party Wall Bedfordshire

Dunstable

Leighton Buzzard

Luton 

Party Wall Buckinghamshire

Aylesbury 

High Wycombe

Marlow

Milton Keynes

Party Wall Berkshire

Ascot 

Maidenhead 

Reading 

Slough

Party Wall Hertfordshire

Borehamwood

Berkhamsted

Hemel Hempstead

St Albans

Watford

Party Wall Oxfordshire

Banbury

Henley-on-Thames 

Oxford

Thame

Don’t worry if your address isn't listed here, just give us a call and we will help you find a Party Wall surveyor that can help you.