Party wall matters: a simple go to guide

By Anderton Gables

09 Oct 2019

party.jpg

Certain works which are likely to affect your neighbours are covered by the Party Wall etc. Act 1996. This legislation provides protection to all parties involved and is intended to enable the works to be undertaken. In the event of non-cooperation from your neighbour or disagreement, party wall surveyors agree how the works should be carried out, including necessary protection measures and rectification of any damage. The purpose of the act is to avoid litigation by dealing with potential problems up front.

You are legally required under the act to serve a formal written notice to your neighbour if you are planning any works that will involve:-

  • affecting an existing party wall/structure (walls/ceilings/floors separating your property from another)
  • building a new wall at/over the boundary line of your site
  • excavating within 6m of existing buildings/structures on surrounding sites

Some works are considered too minor to require the process of notification. Anderton Gables can advise you on which notices are required, which properties need to be notified, and can serve the notices on your behalf.

Your neighbour or 'Adjoining Owner' can either agree to the works as proposed in the notice, or disagree. If they decide to disagree, or do not respond Party Wall Surveyor(s) will become involved and draw up a Party Wall Award which states how the work should be done and the responsibilities of the various parties involved. The adjoining owner can insist on appointing their own surveyor in addition to your surveyor; however, all party wall surveyors must act impartially, in the interest of protecting all stakeholders and enabling the works to be undertaken. Unfortunately, the cost of all party wall surveyors fees usually will be payable by the building owner proposing the work.

In order to ascertain whether any damage to your neighbour’s property has been caused by the execution of the works, a 'Schedule of Condition' is normally prepared by the party wall surveyor(s) prior to the works, which can then be referred to following completion. The building owner undertaking the works will be liable for any damage caused. For this reason and to avoid false claims, even in the event your neighbour agrees to the works and accepts the notice it is strongly advisable to prepare a Schedule of Condition of their property in the areas which may potentially be affected.

Timing

Party wall matters can cause a delay to the project, so this should be considered reasonably early in the design stage. Depending on the notice required you may need to inform your neighbours up to 2 months prior to your proposed start date. If the project is complex it may take some time for the surveyors to come to an agreement, or several awards may be required. The act does provide various mechanisms for non-cooperation including non-communication of adjoining owners and their surveyors, however there are also rights of appeal and referral to a third surveyor if necessary.

Non compliance

If work requiring a notice is undertaken without notification, or in breach of the notice or non-compliance with the agreed party wall award, a court injunction can be obtained to stop the works.

For all your Party Wall related matters and to seek initial advice please contact Vince Rimmer in our Preston Office Tel: – 01772 562800

Vince sits on the North-West committee of the p&t club – the eminent club for Party Wall Surveyors, and is the only member to achieve Fellow status of the Faculty of Party Wall Surveyors, and listed as an expert Third Surveyor.

Enjoyed this? Read more from Anderton Gables

Latest news

1

Barnfield Construction transitions to an Employee-Owned Business Staff Cheer Photo.jpg.jpg

Barnfield Construction transitions to an Employee-Owned Business

24 Jan 2025

2

Wallsauce looks to grow B2B customer base with increased trade focus Martin Emmott Rosebud and Andy Gerraty Wallsauce

Wallsauce looks to grow B2B customer base with increased trade focus

24 Jan 2025

3

CBP goes into administration Community and Business Partners in Blackburn with doors shut

CBP goes into administration

23 Jan 2025

4

Plan moves forward for new £13.2m Innovation Hub Councillor Phillippa Williamson and Coun Aidy Riggott

Plan moves forward for new £13.2m Innovation Hub

22 Jan 2025

5

Record turnover as Napthens continues to grow Stephen Faulkner

Record turnover as Napthens continues to grow

22 Jan 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
The Lancashire Festival of Business
FOB 315
Exhibitions
30 Jan 2025

The Lancashire Festival of Business

Impact Conferencing, Burnley, BB12 6QP

09:30 - 16:00

Skills Bootcamp in Procurement - Cohort 3
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Awards
14 Jan 2025 - 18 Mar 2025

Skills Bootcamp in Procurement - Cohort 3

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

North West Holiday Home Show
PLG - NWHHS - Social - Jan 2024.jpg.jpg
LBV Hub Exhibitions
18 Jan 2025 - 26 Jan 2025

North West Holiday Home Show

South Lakeland House Showground, Yealand Redmayne, LA5 9RN

09:00 - 14:58

The Marketing Meetup IRL: Lancashire
LBV Hub Event Image.png.png
LBV Hub Networking
30 Jan 2025 - 30 Jan 2025

The Marketing Meetup IRL: Lancashire

Strawberry Fields Digital Hub, Chorley, PR7 1PS

18:00 - 20:00

Police Apprenticeship event
Student Centre Autumn 2022.jpg.jpg
LBV Hub Social
12 Feb 2025 - 12 Jan 2025

Police Apprenticeship event

University of Central Lancashire, Foster Social Space , Preston , PR1 2HE

16:00 - 19:00

February Preston Tech Connection Meet-Up: Tech & Our Planet
PRESTON TECH CONNECTION jan.ai.png.png
LBV Hub Networking
12 Feb 2025 - 12 Feb 2025

February Preston Tech Connection Meet-Up: Tech & Our Planet

Society1 Coworking Space, Preston, PR1 3LT

18:00 - 19:30

The Business Network Central & East Lancashire
LBV Hub Networking
13 Feb 2025 - 13 Feb 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Sub36 Networking - Behind the beans
Sub36 Social1200Atkinsons New
Networking
14 Feb 2025

Sub36 Networking - Behind the beans

Atkinsons Speciality Coffee, Lancaster, LA1 1 EX

09:00 - 11:30

Red Rose Awards 2025
Red Rose Awards 2025
Awards
13 Mar 2025

Red Rose Awards 2025

Winter Gardens Blackpool

18:00 - 11:59

Lancashire Business Day 2025
241122lbvlancashiredaylhp0647web
Networking
27 Nov 2025

Lancashire Business Day 2025

12:00 - 17:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV120 Online Graphic 1
Subscribe now

Weekly news bulletin