The language used in the Party Wall Act is often confusing; however, to ensure clear communications and legal compliance, it is worth becoming familiar with the terms.3 Metre & 6 Metre NoticesThis is the distance between any building works and a party wall. Most residential work falls under 3 meters (10 feet), and notice must be given. It includes basement excavation or pilings. The 6-meter rule is for deeper excavation.Agreed SurveyorIf both parties agree to work with a single surveyor, the surveyor is called the ‘agreed surveyor.’ Westville Associates often act for both parties and are impartial.The ActRefers to The Party Wall etc. Act 1996. See Gov Documentation.Adjacent ExcavationExcavation work close to an adjoining property or next door. Requires a Notice. Adjoining Owner: (Also adjoining occupier or neighbour) The adjoining owner is the next-door neighbour affected by the building owner’s proposed work. They are the recipients of a notice. It can also be an interested party. It is the adjoining owner to whom the proposed works are notifiable.Adjoining Owner’s SurveyorA surveyor appointed by the Adjoining Owner.Building Owner (Property Owner) This is the person or party who is to carry out works to their property that are covered by the Act.They can be a leasehold, freehold owner, residential or commercial property owner. The building owner can also be a tenant with a lease of over one year but not an Assured Shorthold tenant. Owner’s rights include the ability to alter, to demolish and totally rebuild party walls, party fence walls and structures.Building Owner’s SurveyorA surveyor appointed by the Building Owner like Westville Associates.Counter NoticeNotice served by the Adjoining Owner (your neighbour) requesting additional specific works after receiving a notice. A counter-notice must be served within 30 days of the first notice.ConsentA written agreement on the proposed works was given by the adjoining owner.DisputeA Dispute occurs when an Adjoining Owner does not agree or consent to the proposed works. The Building Owner must then appoint a surveyor (the same surveyor or their own) to resolve it through a Party Wall Agreement. The surveyor(s) resolve the dispute by agreeing to the terms of an Award and serving it on the Owners.DissentDissent is a Disagreement, creating a dispute, either by written dissent or by submitting no response within 14 days.Invalid Party Wall NoticesThis is where errors have been made within a notice. It often occurs when people notice themselves. Errors would include incorrect owner/neighbour details, timelines and expiry.Line of JunctionAn imaginary line dividing the land of adjoining owners. Unlike a boundary line, the Line of Junction also extends upwards.Notices (First notice)Formal written notice served by the Building Owner setting out the proposed works and on the Adjoining Owner. The Building Owner must observe the minimum notice period either one or two months. Several inclusions must be added to the Notice. More.Notifiable WorksBuilding Works under Sections 1, 2, or 6 of the Act.OccupierA person living in an adjoining property who is not the owner. Occupiers have PW rights but do not need to be notified by serving a Notice.Party Fence WallA wall that is not part of any building but is on land that belongs to different owners, like a garden wall. This only includes stone and brick walls and not wooden fences. Party WallA party wall is a wall erected on a property boundary, falling on the land of one owner and that of another, to support the structures on either side of the boundary. There are two types.Party Wall Type AA Party Wall that separates terraced or semi-detached houses.Party Wall Type BA party wall entirely on one owner’s land but used by two or more owners to separate their buildings.Party Wall AgreementAn informal written agreement between neighbours (not involving surveyors) without legal status under the Party Wall Act. It is less protective than a formal award prepared by surveyors.Party Wall AwardA Party Wall Award is a legal document. It is crafted by a party wall surveyors like Westville Associates. It includes the names and addresses of the owners of the two properties and those of the surveyor(s) and includes.
All specifics of the building work that will be carried out, dates and using what processes, including drawings. This would include time-limited work to avoid disruption or noise. (Example before 9 am or not on Weekends.
List all any additional work required (e.g. protective measures to prevent damage)
It can contain an SoC (Party Wall Schedule of Condition), which records the condition of the adjoining property before work begins. This is usually photographic in nature and is useful in damage claims post works.
Party Wall DisputeUnder the law, if an adjoining owner disagrees or does not consent within 14 days of receiving notice, then the parties are deemed to be “in dispute”.Even if your neighbour has no objection to the proposed work, they would be well advised to dissent and initiate a ‘dispute’ to ensure that professionals (surveyors) are appointed.Party Wall NoticeThis is a formal and legal document that is sent to the Adjoining Owner, which gives notice that the Building Owner is planning to commence building works that affect a property boundary that you share.This would include:
Build on/at the boundary of the two properties
Work on an existing party wall and/or party structure
Excavate below or near to the foundation level of their building or structure
The Adjoining Owner can consent. ignore or dissent to the notice.Party Wall Quote Obtaining an estimate for a Surveyor like Westville to carry out the entire process.Party StructureA wall, floor, or partition that separates adjoining properties.RICSThe Royal Institution of Chartered Surveyors (RICS), a leading professional body. More.Right of Entry under Section 8 of the ActAllows access to the Adjoining Owner’s property to execute work authorized by the Act. More.Schedule of Condition (photo evidence)A formal written assessment and record of the condition of the Adjoining Owner’s property before work commences to prove any future damage. More.Section 1 of the ActThis covers construction of new walls on the Line of Junction between properties. Requires one month’s a notice. More.Section 2 of the ActCovers work to existing Party Structures, such as raising, repairing, demolishing, etc. Requires two month’s notice before starting. More.Section 6 of the ActCovers excavations 3 or 6 meters of an adjoining property. Requires a notice to be served a month before. More.Security for ExpensesSection 12 allows an Adjoining Owner in some cases to request funds as security for expenses if works are started but not completed. If refused, a surveyor can resolve the matter.Surveyor: The Party Wall SurveyorThe Act defines a surveyor as ‘any person not being a party to the matter appointed or selected under section 10 to determine disputes’. A surveyor is recommended to resolve disputes impartially, either by one or both parties and keep the entire process moving on schedule.This means either party can appoint anyone other than themselves as a ‘surveyor’, irrespective of their training or experience. More.Third SurveyorAn additional (third) surveyor will be selected if two surveyors are used. They are used to mediate surveyor disputes.
