What is a Party Wall?
A party wall sits directly on the land boundary between two (or more) different owners. For example, terraced houses or semi-detached homes will share a party wall. This also applies to walls that make up the boundary between the two properties, like fences (party fence walls).
What is the Party Wall Act 1996?:
The Party Wall Act 1996 applies to houses in England and Wales that share a party wall or boundary line. It was explicitly devised to prevent building work that might compromise the structural integrity of any shared wall (party wall) or adjoining properties.
The Party Wall Act does not apply to properties in Scotland and Northern Ireland. Common law, instead, is used to settle any party wall issues.
What is a Party Wall Award?
A Party Wall Award is a legally binding document that resolves disputes between two parties or neighbours concerning planned construction works on or near their shared wall (party wall).
The Party Wall Award details the proposed works, the schedule, access arrangements, and additional measures to protect both parties. It will often also involve a Schedule of Condition, which records the property’s condition before planned works occur.
Typically, a Party Wall Surveyor prepares and draws up the Party Wall Award when neighbours cannot agree on the construction work. How to contest a Party Wall Award.
Glossary of Terms:
Understand the differences between them: (more here).
- Party Wall Award: A Party Wall Award is when a neighbour is unwilling to agree to your planned construction work, which would require an “Award” before you could start.
- Party Wall Agreement: A Party Wall Agreement will not require the additional involvement of surveyors as both parties reach an agreement.
- Party Wall Notice: A Party Wall Notice is served to your neighbours, which notifies them of the works you intend to carry out to the party wall within two months or a year of the works commencing. Not serving a notice could result in you paying for damage that wasn’t your fault, as you’ll have no details or proof of the previous state of the property.
When you’ll require a Party Wall Agreement:
If you intend to carry out any building work that affects or is near a party wall, you must obtain a party wall agreement. You’ll need to inform your neighbours of the works by providing them with a Party Wall Notice and then forming a Party Wall Agreement in writing.
When working with builders and architects, they should be able to advise you on this.
However, they will not serve the notice to you, and it might be best to appoint a surveyor to ensure all your t’s are crossed and i’s are dotted. Learn the process.
Works that require an obtainment of a Party Wall Agreement:
Not all work to party walls requires an agreement. For example, minor works like drilling into a wall internally to fit kitchen units or shelving are permitted.
Additionally, other renovations, like plastering the wall or replacing electrical wiring and sockets, will not require an official agreement.
For works you’ll need to notify your neighbour of, scroll below…
- Any work to shared walls between semi-detached and terraced properties.
- Work to any shared ‘party structures’ like floors between flats.
- Improvements or changes to garden boundary walls.
- Excavation works within 3-6m or that underpin the party wall.
- Loft conversions that require the cutting of a party wall.
- Altering the party walls to make them thicker or higher.
- Building a second-storey extension above the shared wall.
- Building a new wall up to off the party wall.
- Inserting a damp proof course within a party wall.
Do I need a party wall surveyor?
As party wall surveyors in Surrey, we would, of course, answer yes to this question. However, to remain unbiased, in several cases, property owners find they do not require our services.
For example, if their neighbour responds to their notice, giving written permission for work can commence, there’s not always a need to appoint a surveyor.
That said, even with permission, you are still responsible for ensuring that any damage caused by the works is covered and repaired.
So, it’s highly recommended that you inspect the wall prior to work starting by getting a survey conducted by a professional surveyor. The surveyor can detail the condition and provide photo evidence to act as proof if disputes arise in the future.
In the event that your neighbour does not give permission, you’ll need to appoint a Party Wall Surveyor to assist you with a Party Wall Award.
In most cases, both neighbours can use the same surveyor, which means paying only one set of fees. The cost of surveyors varies, but you should expect costs for a Party Wall Award to be upwards of £1,000.
