Party wall surveyor Surrey

An integral component of the construction and renovation process for properties across England and Wales, Party Walls, or the term “party wall” refers to a shared wall or boundary which separates two or more properties (terraced or semi-detached homes). When the renovation process is not handled properly, Party Walls can often be a source of dispute.

As a form of protection, property owners and builders should dissuade from free party wall templates and instead seek the services of a surveyor to ensure full compliance with the law. Additionally, recipients of a Party Wall Notice should also seek out our services to understand their options to respond.

A Party Wall Agreement, also referred to as a Party Wall Award or Party Wall Easement is a legal agreement between owners of an adjoining property, fence or boundary line. The purpose of agreement is to establish both the rights and responsibilities of each property owner concerning the shared structure. It will outline and cover matters like maintenance, repairs, alterations as well as any other issues that might arise when the party wall or boundary is concerned.

Owners will require a Party Wall Agreement when either they, or their neighbour plans to carry out certain types of construction or renovation works that affects the shared wall, boundary or structure between the two properties.

It’s 100% essential to have a Party Wall Agreement in place. Check your local building regulations and consult with qualified surveyors and legal professionals to determine whether any planned construction on a neighbouring wall or property requires an agreement. Failing to obtain the necessary agreements often leads to disputes and legal issues with your neighbours that can result in delays and additional costs before you even get started.

Please note that not all types of construction require notice. For example, routine maintenance and repair work which does not affect the structural integrity of a party wall or fence does not always require notice. But it’s always best to check and seek advice from party wall surveyors like ourselves to ensure you comply with the Party Wall Act 1996. 

The Act is required in the following examples:

• Building a new wall at the boundary between the two properties
• Altering or cutting into an existing party wall
• Excavating near an adjacent property’s foundations
• Underpinning a party wall or fence wall
• Demolishing or rebuilding a party wall
• Constructing a new foundation within 3 metres of the adjacent property’s foundations
• Any work that requires drilling into or a fixing to a party wall
• The insertion of steal beams as part of a loft conversion
• Construction of a dormer

You must serve a notice as a legal requirement under the Party Wall Act of 1996 to inform your neighbours of proposed work to seek their consent.

• Prepare the notice with an appointed surveyor and identify the affected parties and the nature of the work planned
• Include drawings that illustrate the proposals so the recipient fully understands the proposed renovations
• The notice is to be served to all affected parties including owners and leaseholders either by post, email or in person in timely and appropriate manner

If the notices are not consented to, dissented or ignored then this will further trigger the requirement for an appointment of Surveyors to produce and service an Award. Learn more.

1. Party Structure Notice: To be issued when a building owner intends to undertake work on existing party walls like alterations and must be served two months before the proposed start dates of work.
2. Section 1 Notice: To be issued when a building owner intends to build a new wall between the properties. The notice must be served one month before the proposed start date.
3.  Section 6 Notice: To be issued when a building owner intends to excavate near an adjacent property’s foundations that might affect the stability of the party wall. The notice must be served one month before the proposed start date.

Failure to serve these notices in accordance with the Party Wall Act 1996 might result in legal disputes and financial penalties.

The Party Wall Award is a legally binding document that outlines the framework for the construction works to take place safely with minimal disruption to the adjoining owner.

The Party Wall Agreement is issued by appointed surveyors, often in the event of a dispute. The Party Wall Award will not be required if the adjoining owner consents to proposed works detailed in the notices.

The Party Wall Award includes:

• The nature and scope of proposed works.
• The time frame of construction.
• Any restrictions ore requirements for access to the adjoining owner’s property.
• Any measures that need to be taken to protect the adjoining owner’s property, like the installation of shoring.
•  Provisions to resolve any disputes that might arise.
• Provisions for compensation in the event of damage to the adjoining owner’s property.

A Condition Survey is not mandatory under the Act but it is recommended to record the condition of the adjoining owner’s property before works begin, which can be served as evidence in case of any occurring damage. The schedule of a condition can help both parties establish the original condition of the adjoining owner’s property and assess any damage.

Once a Party Wall Award is served both parties must adhere to the terms of the agreement, with the owner ensuring that works are carried out in accordance with the terms of the Party Wall Award. So, when hiring contractors, you must ensure they are aware of these requirements. Simultaneously, the adjoining owner must allow the works to proceed and must not unreasonable withhold consent for any measures required to protect their property.

• If a dispute arises during the works, surveyors must be called upon to resolve the dispute 
• When works are completed, surveyors will, if required to carry out a final inspection to ensure works have been carried out to a satisfactory standard