S h e l a d i y a L i m i t e d - Y o u r l o c a l p a r t y w a l l e x p e r t
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FAQ

The Party Wall etc. Act 1996 is a UK law that helps prevent and resolve disputes between neighbors when building work affects shared walls, boundary walls, or nearby foundations. If you plan work such as cutting into a party wall, building on the boundary, or excavating close to a neighboring property, the Act requires you to notify your neighbor and follow a legal process. This ensures both properties are protected, agreements are clear, and any disputes are handled fairly.

  1. 1. What is the Party Wall etc. Act 1996 and why does it apply to my project?

    The Act provides a legal framework to prevent and resolve disputes between neighbors when building work affects shared walls, boundary walls, or nearby excavations. If your project involves any of these, you must comply by serving the correct notices.

    2. What types of work require a Party Wall Notice?

    You need to serve a notice if you plan to:

    • Work on a party wall (e.g., cutting into it, raising its height, removing chimney breasts).
    • Build a new wall at or astride the boundary line.
    • Excavate within 3 or 6 meters of a neighboring property, depending on foundation depth.

    3. How do I serve a Party Wall Notice?

    The notice must be in writing and include:

    • Your name and address.
    • A clear description of the proposed work.
    • Plans and drawings if applicable.
    • The proposed start date (at least 1–2 months after notice service).

    4. What happens after I serve the notice?

    The adjoining owner has 14 days to respond:

    • Consent – They agree to the work.
    • Dissent – They disagree, and a dispute is declared.
    • No response – After 14 days, it is treated as dissent under the Act.

    5. What if the adjoining owner does not respond?

    If there is no response within 14 days, the law treats this as a dissent, and a dispute is deemed to exist. You must then:

    • Appoint a Party Wall Surveyor on behalf of the non-responsive owner.
    • Your surveyor will notify them and proceed to prepare a Party Wall Award. This ensures the process moves forward legally, even without their active participation.

    6. How are damages assessed and resolved under the Act?

    If damage occurs to the adjoining property as a result of your works:

    • The Party Wall Surveyor will inspect the damage and compare it against the Schedule of Condition prepared before work started.
    • The surveyor determines whether the damage was caused by your works.
    • The Award will include instructions for repair or compensation.
    • You, as the building owner, are responsible for covering the cost of repairs or agreed compensation.

    7. What is the time period for an adjoining owner to report damage?

    The adjoining owner should report damage as soon as it is noticed, ideally during or immediately after the works. There is no strict statutory time limit in the Act, but prompt reporting is essential for accurate assessment. Surveyors typically allow a reasonable period after completion (often a few weeks) for claims to be raised.

    8. What is a Party Wall Award and why is it important?

    A Party Wall Award is a legally binding document prepared by surveyors. It includes:

    • Scope and method of work.
    • Timelines and working hours.
    • Access arrangements.
    • Protective measures.
    • A Schedule of Condition for the adjoining property.

    9. Who pays for the Party Wall Award and surveyor fees?

    The building owner (the one carrying out the work) usually pays all reasonable costs, including surveyor fees and the Award.

    10. What happens if I don’t comply with the Act?

    Non-compliance can lead to:

    • Legal action by the adjoining owner.
    • Injunctions stopping your work.
    • Liability for damages without legal protection.

    11. How long does the Party Wall process take?

    • Notice period: 1–2 months before work starts.
    • Response: 14 days.
    • If surveyors are appointed: 2–6 weeks to agree and issue the Award.

    12. Can I start work before the Party Wall Award is agreed?

    No. Work can only begin after the Award is finalized and served and expiry of the notice period.

1. What is the Party Wall etc. Act 1996 and how does it affect me?

The Act protects property owners when neighboring building works could impact shared walls, boundary walls, or nearby foundations. If your neighbor plans such work, they must serve you a Party Wall Notice before starting.


2. What should I do if I receive a Party Wall Notice?

You have 14 days to respond:

  • Consent – Agree to the work.
  • Dissent – Disagree and request surveyors.
  • No response – After 14 days, it is treated as dissent, and surveyors will be appointed.

3. What happens if I do not respond to the notice?

If you do not respond within 14 days:

  • The law assumes dissent.
  • The building owner will appoint a surveyor on your behalf.
  • The surveyor will act impartially to protect your interests.

4. Do I have to pay for surveyor fees?

No. In most cases, the building owner pays all reasonable surveyor fees and costs related to the Party Wall Award.


5. What is a Party Wall Award and why is it important?

A Party Wall Award is a legally binding document prepared by surveyors. It sets out:

  • How and when the work will be carried out.
  • Protective measures for your property.
  • A Schedule of Condition (recording your property’s condition before work starts).
  • Procedures for resolving disputes and handling damage.

6. How are damages assessed and resolved?

If your property is damaged:

  • The surveyor compares the damage against the Schedule of Condition.
  • If damage is caused by the works, the building owner must pay for repairs or compensation.
  • The Award will include instructions for repair or payment.

7. How long do I have to report damage?

You should report damage as soon as it is noticed, ideally during or immediately after the works. While the Act does not set a strict time limit, prompt reporting ensures accurate assessment and resolution.


8. Can I refuse access to my property?

No. The Act grants the building owner reasonable access for works, provided proper notice is given and conditions are set in the Award.


9. What if I am unhappy with the Party Wall Award?

You can appeal to the County Court within 14 days of receiving the Award. However, appeals can be costly and should only be considered for serious issues.


10. Do I need my own surveyor?

You can appoint your own surveyor or agree to use one Agreed Surveyor for both parties. Having your own surveyor ensures independent representation.

1. What is a Third Surveyor under the Party Wall etc. Act?

A Third Surveyor is an impartial expert appointed when two surveyors (one for each owner) cannot agree on certain aspects of the Party Wall Award. The Third Surveyor acts as an independent adjudicator to resolve disputes fairly.


2. When is a Third Surveyor appointed?

The Third Surveyor is appointed at the start of the process by the two Party Wall Surveyors. This is a precautionary measure in case disagreements arise during the preparation of the Award.


3. What does the Third Surveyor do?

The Third Surveyor:

  • Decides on matters where the two appointed surveyors cannot agree.
  • Can be called upon by either surveyor or either owner to make a ruling.
  • Issues decisions that are legally binding under the Act.

4. Who can refer a matter to the Third Surveyor?

Either:

  • One of the two appointed surveyors, or
  • Either of the property owners (Building Owner or Adjoining Owner).

5. Does the Third Surveyor prepare the Party Wall Award?

Not usually. The two appointed surveyors prepare the Award. The Third Surveyor only steps in to resolve specific points of disagreement. However, in rare cases, the Third Surveyor may take over and complete the Award if necessary.


6. Who pays the Third Surveyor’s fees?

The costs are typically borne by the party whose actions caused the referral. For example:

  • If the Building Owner’s surveyor disagrees and refers the matter, the Building Owner usually pays.
  • If the Adjoining Owner initiates the referral, they may be responsible. The Third Surveyor’s fees are generally higher due to their specialist role.

7. Is the Third Surveyor’s decision final?

Yes. The Third Surveyor’s ruling is legally binding under the Party Wall etc. Act. However, either party can appeal to the County Court within 14 days of the decision.


8. When is the Third Surveyor actually involved?

In most cases, the Third Surveyor is appointed but never called upon. They only become active if there is a genuine disagreement between the two surveyors that cannot be resolved through discussion.