Party Wall FAQs
Here are several of the frequently asked questions directed to the Canterbury Party Wall Surveyor team:
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Definitions
A party wall is a wall that stands on land owned by more than one person and is meant to separate the different parties.
Party Walls straddle the boundary that legally divides the land owned by different people—land that is owned by two or more parties. So, these walls are built in such a way that they are shared by the owners of adjoining houses. When two neighbouring houses are joined, the wall in between is a party wall.
When a wall site astride the legal boundary but does not form part of the building, this is a party fence wall. This act like a “fence” but is built out of masonry (brick/concrete) and is usually found in the garden area.
Under the Act, party wall surveyors settle with neighbours the notifiable works. Should a dispute arise, party wall surveyors also have the authority to make an Award. If construction work damages neighbouring properties, these professionals determine the amount of compensation out of fairness. Hence, they operate in a quasi-judicial manner.
Any proprietor who might be impacted by the Building Owner’s activities must possess a legal interest in the property for over one year. This includes individuals who are long-term leaseholders or those who hold freehold titles
The individual who plans to conduct construction activities and possesses a legitimate stake in the property.
This statute applies to specific tasks associated with neighbouring property, including walls, masonry fences, and other “party structures” such as ceilings and floors in flats.
It also covers excavations done near to the shared boundary, up to a distance (3-6m) where the ground is likely to affect the neighbour’s structure.
This is a document that you can write up to notify your neighbours of the works you’re planning that may fall under the Party Wall Act and which may affect them.
When you serve this document, you’re informing them of the nature of the work and when it will happen.
If you were to dig near an adjoining owner’s property, typically within 3 to 6 meters, you would have to serve a notice (section 6). If you were to build a wall at or on the boundary (section 1) or do work on a party wall (section 3), you would also have to serve notice.
Owners concurring with the commencement of the work is consent. There is no dissent. Consent must be in writing and so verbal agreement does not suffice.
When an adjoining owner does not consent to the party wall notice, they may ask for a surveyor to be appointed to act on their behalf. This is to ensure that the party wall works are being done properly, according to the Party Wall Act.
The adjoining owner could also choose just not to respond. However, if they go that route, then a surveyor must be appointed for them.
This is a legal document that resolves disputes between neighbours. The party wall surveyors create it. They determine what works will be carried out and under what conditions. If you are an adjoining owner and contest the works, you will need an award.
Party Wall Awards are similar to party wall agreements in that they act as legally binding documents. They specify the kinds of construction work that will be undertaken along a property’s shared wall and the methods that will be used to carry out this work.
Such awards are necessary when the owner of the adjacent property does not agree with the proposed work and the notice that has been served. When this happens, party wall surveyors become involved to resolve the dispute.
Sometimes only one surveyor, acting as an “agreed surveyor,” will do all the work necessary to serve both property owners and draw up the award.
A “party fence wall” refers to a masonry dividing wall that stands astride the boundary separating two different landowners. Both landowners have rights to and responsibilities for it.
A wall that divides two adjacent gardens, when both garden owners are responsible for the maintenance of the wall, is an example of a “party fence wall.”
When a wall is covered by the Party Wall etc. Act 1996, it gives certain rights to both its owners. If a proposed alteration threatens to affect either owner’s portion of the wall, then a Notice has to be served on both owners.
A timber fence is usually not covered by the Act and does not serve this function at all.
A Party Wall Award normally includes a Schedule of Condition. However, it is not mandatory.
This report includes photographs and details of the Adjoining Owner’s property. So, the Adjoining Owner’s property is described in the Schedule of Condition.
The Party Wall Surveyor must decide what information is necessary to include. A Schedule of Condition may be used in court if necessary.
Everything in it stands as evidence of the condition of the property before the construction works took place.
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Works
Digging within 3–6 meters of a neighbouring property (section 6), erecting a wall up to or astride the boundary line (section 1), or altering an existing party wall (section 3)—these are all situations where a property owner must notify their neighbour and try to obtain consent before proceeding, even if the neighbour is only a leaseholder.
The building works that the owner wishes to perform fall under one of three sections of the Party Wall etc. Act 1996: either section 1, which involves building a wall up to or astride the legal boundary; section 3, which relates to work on a party wall; or section 6, which concerns excavating within 3–6m of a neighbouring structure.
The Act that governs Party Wall disputes in England and Wales is called the Party Wall etc. Act 1996. It applies to any homeowner who is doing any of the following:
- excavating close to neighbouring structures and going deep enough to potentially undermine the foundations of the neighbouring structure;
- performing work on the shared wall (or on a shared fence, or a wall that serves as a fence) that is going to change how the wall works
- adding a new wall or building at the line of junction
The Act omits from its coverage what could be termed “minor” alterations—such as hanging a single door (with all its necessary frames and fittings) or putting up wall-mounted shelving—that could not be expected to affect a party wall. Of course, these are just a couple of examples picked from a larger array of similar tasks that wouldn’t engage the Act.
The party wall legislation is there to assist people who share walls and/or want to do work on them or near to neighbouring property. Its job is not to prevent people from doing work but to enable them to do it safely and improve their living conditions while also protecting their neighbours’ property.
Whether they are or not depends on several factors: the material of the wall (it must be made of masonry, like brick or concrete), what the wall owner intends to do in proximity to the wall, and the proposed depth and distance of any nearby excavation.
It also matters whether the wall is wholly owned, or shared across a property boundary, by two or more legal owners. These factors affect what is legally a “party wall” under the Act. A wooden fence (even with concrete posts) is not a party fence wall.
If you are going to work on any shared garden wall, you have to use the party wall process.
If you want to place a wall right on the boundary line, you can do so, but you have to serve notice to your neighbour first.
If you want to place a wall astride the boundary, you’ll need to get consent from your neighbour, as that wall will rest on their property as well as yours.
Not really, since the Act’s main focus is on the actual construction work being done. If two adjacent property owners can’t agree on their legal boundary, they may need to get a court to decide the issue. Either way, a surveyor who specialises in boundary disputes may have to be involved.
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The Legal Process
The Party Wall Act of 1996 is a law that offers a way to settle disagreements between property owners who are neighbours. The legislation specifically pertains to “party walls”—that is, walls that are shared by two adjacent properties—and to new walls and excavations made close to the property line of the neighbours.
The Act protects you when your neighbours decide to undertake building work that might affect your shared wall. It ensures that you are kept appraised of what they are doing and, just as important, it gives you a modicum of control.
Yes, if the works are notifiable. Your Canterbury party wall surveyor can perform the dual function of being the building owner’s and the adjoining owner’s surveyor and can agree upon a party wall award. They can also provide you with some advice on the works.
Before you can exercise the rights afforded to you under the Party Wall Act, you’re going to need to serve notice to your neighbour that is as close as possible to what is legally required.
If you fail to serve notice correctly, your neighbour can sue you for the costs incurred by not giving the appropriate warning.
We recommend that you use a surveyor—preferably one who is accredited by Chartered Institute of Building (CIOB), Residential Property Surveyors Association (RPSA), Faculty of Party Wall Surveyors (FPWS) or Royal Institution of Chartered Surveyors (RICS).
You have 14 days to respond once you’ve been served a party wall notice.
If you agree with what’s proposed, the work can go ahead. If you don’t, you’ll be needing surveyors.
Surveyors charge fees but the building owner (the person having the work done) pays.
A 10-day notice is given, which serves to nudge the neighbour into making a decision. If the neighbour is still not responding, a party wall surveyor can be appointed on their behalf and the work can go ahead with the Surveyor making sure the neighbour’s interests are taken care of during the work.
No, it’s not. The Party Wall Act is written in such a way that it is practically impossible for an adjoining owner to stop a project from going forward once a Notice has been served. Even if a neighbour disagrees (or “dissents,” as the Act puts it) on the basis upon which the work is to be carried out, the surveyors have a duty to get an Award drawn up.
Generally speaking, yes, if you are digging down near your neighbour’s foundations (which is likely if you’re extending) or building up to the boundary.
If you are performing any work on a party wall, then you have to notify the neighbours in writing. You don’t necessarily need consent, but you do need to reach an agreement with your neighbours (or their surveyor) about the nature of the work and whether it’s reasonable to drill into the wall. Once you have an agreement, you can proceed with the work.
Individuals who are part of the dispute can not act as party wall surveyors and can not create an award for themselves. Appointments under the Act must be made to an independent and impartial surveyor.
Of course, but your solicitor would normally tell you to consult a party wall surveyor about the relevant matters. Since it is the party wall surveyors who would need to be appointed in the event of a dispute and serve an Award, they are the experts on the subject.
Only if a disagreement persists. If neighbours agree at any point during the process, then consent eliminates the need for an award. If not, then the surveyors must legally sign and serve an award on the owners before the award truly becomes an award.
Once it is signed and served, the answer is no. However, Party Wall surveyors can produce something similar to a revised document—a sort of “add-on” document (i.e. an addendum)—that supplements the original Award. This is typically done when the original design or scope of work needs to be updated, and it’s perfectly acceptable to do so under the circumstances.
If they have any concerns regarding the works, the adjoining owner can dissent to the notice. They will then choose to appoint a surveyor who will make decisions regarding the works. All parties can agree to use one surveyor for both parties.
Yes. You can not proceed with construction unless you have both planning permission and either a party wall award or consent. You can start the process of obtaining a party wall agreement before planning permission is granted. Ideally, you would synchronise the granting of planning permission with the making of the party wall award so that you could commence construction without delay.
Before formally notifying your neighbours about your plans, it’s wise to meet them in person. This will give you time to work out any and all details that might lead to difficult interactions later on. It also gives your neighbours the chance to weigh in on your plans. They might have some good suggestions that could lead to a more amicable setting of the formal procedures. Remember: no matter how good the informal conversation goes, you still need to serve a written notice on your neighbour.
Yes, it’s possible for anyone to serve a party wall notice. For most people, though, it’s better to have a party wall surveyor serve the notice. This is because many people are unsure of themselves when it comes to serving legal documents. They fear that if they serve the notice incorrectly, it will invalidate the whole process. That is true; if the notice is not worded correctly, the whole process can and often does lead to legal problems. That’s why it’s better to have experienced party wall surveyors do the job for you.
It is possible. When all of the neighbouring property owners give their written consent to the notice served under the Party Wall Act, the building owner can carry out the works described in the notice.
If adjoining owners either disagree and do not reach a written agreement or do not respond within 14 days, then it becomes necessary to invoke the Party Wall Act.
This Act requires that both parties appoint a surveyor – sometimes an architect or engineer who specialises in such matters – to prepare a Party Wall award. This award will consist of an agreement (often quite detailed) that stipulates what work is to be done (and what is not to be done), how it is to be done, and when it is to be done.
For greater efficiency and reduced expense, it is best to engage one surveyor for both parties, and for the adjoining owners to jointly select that surveyor.
At this point, you would have what is known as an Agreed Surveyor. If one adjoining owner does not consent to this arrangement, then each party will need to appoint their own individual surveyor.
When a party wall is affected by proposed work, the serving owner must notify all adjoining owners of this intent by way of a party wall notice. This notice must be served either 1 month or 2 months before the work commences, depending on the nature of the work. 1 month’s notice suffices for either excavating the foundation or erecting a new wall. Two months is the minimum notice period when the work is to alter any part of the wall already in existence.
Awards typically require that construction begins within a year of the signing.
If construction hasn’t started within a year after the award was signed or if the ownership of a property changes, the award usually is no longer in effect.
Typically, it’s the Building Owner who covers all costs associated with the party wall process.
This is the case unless the adjacent owner insists on having the builder do some work that the Building Owner shouldn’t necessarily have to undertake and that doesn’t relate directly to their rights under the party wall legislation.
If the adjacent owner makes unjustified demands or has their surveyor do more work than is reasonable, then an Adjoining Owner may need to contribute.
Additionally, if a party wall requires repairs, then the costs – along with the fees for the surveyors – will have to be shared by the wall’s owners.
They all have their own rates, and if you’re in the position of having to appoint one, it would probably be best to find out how much you’re going to need to pay before you hire them.
The typical range seems to be about £250 per hour, which, for a standard job with no complications, means we could be looking at a total of £1,500 to £2,000 for the surveyor on average.
Our panel of Project Managers and Surveyors in Canterbury can manage a project for you from the very beginning all the way to the end. They often work on behalf of commercial clients and across a range of property holdings. Many have expertise in handling planning and building regulation applications; working at the conceptual and feasibility levels; and dealing with all aspects of written and spoken project communications—from project initiation to closeout.
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Timescale
A party wall award is valid for 12 months of signing. Therefore, awards require the works to commence within this period. Otherwise, you will need a new party wall award
If works have not started within 12 months of the date of the Award or there is a change of ownership (i.e. a new building owner or adjoining owner).
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Expenses
Usually, the Building Owner covers all expenses for the party wall, but the adjoining owner may require the builder to handle some work which the Building Owner does not need to do.
When adjoining owners make extra or unreasonable demands or when the surveyor has to do more work because of the adjoining owner’s actions, they may need to share the resulting fees.
Repairs to a party wall could also be the dual responsibility of the owners and the surveyor fees would be shared too.
A surveyor charges their own rate. So, as a Building Owner, its a good idea to know about costs upfront. On average, each surveyor charges around £250 an hour which adds up to £1,500 – 2,000 for a party wall job that doesn’t face issues or delays.
