Carrying out building work under the Party Wall Act 1996
What to do if your neighbour tells you they're about to carry out work
How to handle disputes and disagreements
Dissenting to works and negative acknowledgements
Neighbour arguments over party walls are not uncommon. Disputes over party walls affect around 1 in 20 homeowners or 5%. They often stir tension between neighbours trying to navigate the complexities of their shared property boundary.
Whether it’s a loft conversion, planned extension, structural alteration, or new construction, disagreements can easily arise when one party feels their rights are at risk. Plus, not every neighbour is friendly, chirpy and easygoing, nor can you always expect them to protect your interests above their own. So, understanding the process is crucial for keeping the peace and protecting your rights and interests.
Learning the processes and legal obligations involved will be essential for your sanity and for preventing and resolving conflicts that typically surround home improvements to semi-detached and terraced homes. Luckily, our experienced party wall surveyors have sat down to provide the answers and next steps for common disputes below.
Appoint a surveyor who can act on behalf of both you and your neighbour, who will then become what is referred to as an ‘agreed surveyor’, which will work out cheaper for you, as the surveyor fees must be covered by the party who instigates the work.
Sometimes, you might need to appoint a second surveyor if your neighbour wishes not to share a professional or who might want their own for the process.
The party instigating the work will need to cover the costs. Surveyors can charge for their services in two ways, either with one set fee or an hourly rate, which is between £100-£150 per hour, which will only be cost-effective if your neighbour agrees early to the notice served.
The next concern for the agreement is establishing the type of work that happens to the wall, boundary, or shared building. This can often be a major point of contention for both parties, as the opposing neighbour will have to provide substantial reasons to deny the work instead of “I don’t like it.”
The party initiating the work covers the fees, but the neighbour will have to split the costs if the work is due to defects or lack of repair.
They will also need to fork out costs for any work carried out for their benefit. The appointed surveyor manages any disagreement on costs.
Need help resolving a party wall matter?
Appoint a surveyor
Planning building work, and your neighbour can’t agree on the details?
Neighbour not respond to your notice within 14 days?
Have no written consent to complete works?
1 in 5 home renovation projects (20%) that involve shared walls lead to some form of dispute that requires the intervention of a party wall surveyor.
You’re best to appoint a party wall surveyor – either together with your neighbour or on your own.
Surveyors, in this instance, will work together on your behalf to devise a legal document called a “Party Wall Award” which will outline the work, its duration, complete date, details of how it will be carried out, who pays for what and how much. The award will also include the fees for the surveyor.
