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When is a Party Wall Surveyor Required ?

When is a Party Wall Surveyor Required?

A Party Wall Surveyor is required when you intend to carry out building work that comes under the Party Wall etc. Act 1996 and may affect a shared wall, boundary or adjoining structure. Typical examples include building an extension close to or on the boundary line, converting a loft that requires inserting steel beams into a shared wall, removing chimney breasts, or excavating new foundations within 3 to 6 metres of a neighbouring property. If your proposed work affects a party wall or adjacent ground, you are legally required to serve notice on your neighbour. If they dissent or do not respond within 14 days, a Party Wall Surveyor must be appointed to draw up a Party Wall Award. At Dunham Hale Chartered Surveyors, we act as impartial surveyors to ensure your project complies with legal requirements and that both parties are protected. Whether you are the building owner or the adjoining owner, we provide expert guidance through the entire process.

Do I need to serve a party wall notice?

You must serve a Party Wall Notice if you plan to carry out any building work that affects a shared wall (party wall), excavate near a neighbouring property, or build directly on the boundary line. This is a legal requirement under the Party Wall etc. Act 1996.

There are three main types of work covered by the Act:

  • Section 1 – New building works on “Line of Junction” notice
  • Section 3 – Party Structure notice
  • Section 6 – Adjacement excavation and construction notice

If you are planning works that fall under any part of the Party Wall etc. Act 1996, you are legally required to serve a Party Wall Notice to your neighbour(s).

While it is possible to serve the initial notice yourself, mistakes in the process can render the notice invalid, potentially delaying your project and forcing you to restart the procedure. If you’re unsure about the correct steps or your legal obligations, it’s highly recommended to appoint a qualified Party Wall Surveyor to guide you through the process and ensure compliance from the outset.

If you’re unsure whether your project falls under the Act, it’s essential to seek professional advice before starting any work to avoid disputes or delays. At Dunham Hale Surveyors, we can guide you through the process and act as your appointed Party Wall Surveyor if required.

What if the adjoining owner ignores the notice?

If the adjoining owner fails to respond to the Party Wall Notice within 14 days, the Party Wall etc. Act 1996 considers this a deemed dispute. At this point, you are required to write to them again, requesting that they appoint a Party Wall Surveyor within 10 days.

If no response is received after this second notice, you are then legally entitled to appoint a surveyor on their behalf. However, it’s important to note that this surveyor must be entirely independent from your own, you cannot use the same surveyor acting for both parties (known as an agreed surveyor) if they have not provided consent to this arrangement.

Party Wall Surveyor Fees

Under the Party Wall etc. Act 1996, the building owner proposing the work is responsible for paying all fees, including the adjoining owners’ surveyors’ fees. The fees are paid and considered under normal circumstances and for the reasonable costs of the adjoining owner which includes their party wall surveyor fees and possibly an advising engineer appointed by them and any other reasonable costs. You may be able to agree a fixed fee with your own party wall surveyor but probably not with the other surveyor. However, the term reasonable needs to be understood and this means that the adjoining owners surveyor cannot simply charge what they want.

What do party wall surveyors actually do?

Once appointed, either a single agreed surveyor or two separate surveyors (one for each owner) will prepare a formal document known as a Party Wall Award. This legal document sets out the rights, responsibilities, and conditions relating to the proposed works. Once served, the award can only be appealed in the County Court within 14 days. If not appealed within this time, it becomes legally binding on both parties.

The Party Wall Award typically includes copies of the relevant drawings, a detailed schedule of condition of the adjoining property to protect both parties in case of damage, and clear instructions on how and when the works can be carried out. It may also include method statements for any technical or high-risk elements of the project and outlines responsibility for costs, including surveyor fees and any associated expenses.

If damage occurs during or after the works, the party wall surveyor(s) will assess whether it resulted from the notifiable works. If so, and the owners cannot reach an agreement, the surveyor(s) will determine appropriate compensation.

Does the party wall surveyor work for me?

This is a common question we’re asked at Dunham Hale Surveyors. It’s not unusual for either the building owner or the adjoining owner to assume that we are working solely in their interest.

In reality, the correct position, although it may seem counterintuitive, is that we do not work for either party. While we are appointed by the building owner or adjoining owner, our duty is not to represent their personal interests. Instead, our role is to administer the Party Wall etc. Act 1996 impartially and ensure that its procedures are followed correctly.

Our primary obligation is to the Act itself. This means we must remain independent and balanced, even if that occasionally leads to outcomes that one party disagrees with. The purpose of our role is to resolve matters fairly and to protect both parties by applying the law as it stands, not by favouring one side over the other.

Ultimately, the role of the party wall surveyor is to act independently, ensure compliance with the Act, and help avoid disputes wherever possible.

I’m  the adjoining owner, and don’t want the building owner to build an extension. Can I stop them?

This is another common question we’re asked at Dunham Hale Surveyors.

The simple answer is no, you cannot stop your neighbour from building if they have received planning permission. Once planning approval has been granted, the proposed works are considered acceptable under the Town and Country Planning Act 1990.

However, the Party Wall etc. Act 1996 operates separately from the planning process. It does not give you the right to prevent building works, but it does provide a legal framework to protect both parties when work affects a shared wall, boundary, or structures near the boundary.

The Act ensures that the building owner carries out the works in a way that minimises risk to the adjoining property and reduces the potential for dispute. It also gives the adjoining owner a legal right to have their property condition recorded and to seek fair compensation if genuine damage is caused.

Equally, it protects the building owner from false or exaggerated damage claims by ensuring that all matters are properly documented and agreed in advance.

Ultimately, the Party Wall Act is there to balance rights and responsibilities, helping neighbours avoid unnecessary conflict while ensuring that lawful building works can proceed.

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