Normally property owners think about their property in terms of the legal boundary. Party Wall law works differently; property owners should think about the Party Wall as the total width belonging to both owners simultaneously.
A party wall is a wall which divides two separate owner’s properties, in effect, where the brickwork meets either side of their properties.
This concept is sometimes misunderstood by Planners who fail to understand the term “Curtilage,” especially where Loft conversions involve raising the Party Wall.
The Party Wall Act also applies to other types of works, hence the “etc.” in the title. This includes excavation within defined distances etc.
The Party Wall Act (PWA) came into force over 27 years ago and applies to all English and Welsh properties, both commercial and residential. It does not apply to Scotland or Northern Ireland.
Similar to other property laws, such as Planning, Building Control, and Boundary disputes, the Party Wall Act consists of elements that do not mutually exclude one another.
If you have Planning Permission or Permitted Development. This does not exclude you from undertaking the Party Wall Process.
The Act ensures that property owners have a framework for solving any disputes that occur when undertaking building projects without the need to go to court.
There are two sides to any argument; the same is true of Party Wall Agreements or disputes.
If you are the one having the building work undertaken, then you are the Building Owner.
If you are served a notice, you are the respondent or Adjoining Owner, AKA neighbour.
We are members of the Faculty of Party Wall Surveyors.
When budgeting for your party wall surveyor, you’ll need to consider several factors, which might affect how long a party wall surveyor will take to complete the job, affecting your costs.
You’ll need to consider:
One exception with party walls, is that if the work being proposed is required due to a defect or repair, then costs may be split between you and the neighbour. How much you’ll pay here will depend on how much you each have of the structure or wall concerned, and which person bears responsibility for the defect repair. Usually, it’s down to the party wall surveyor to decide who covers the costs.
In some instances, a tricky neighbour might require their own surveyor, separate from yours, of whom you’ll need to cover the costs for. Typically, both the adjoining owner and building owner agree to use the same surveyor, but in instances, where they don’t two will be hired to come to an agreement on your behalf. In cases, where the two surveyors cannot reach an agreement, a third impartial surveyor is hired to reach a final decision.
When both owners agree to use a single shared surveyor the costs are much lower, so if in the event that an additional two or three need to be hired you can expect your costs to double or triple.
See our free Party Wall Resource page for useful websites and suppliers to save time and money.
As members of the Faculty of Party Wall Surveyors, we offer a free, no obligation, 15-minute consultation to advise on the Party Wall etc Act (1996) and talk you through the process.
Similarly, we’re available to discuss any other property-related query you may have.
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