
Party Wall FAQ
Please see below some common questions asked of the Manchester Party Wall Surveyor team:
Definitions
A party wall is built right on the legal boundary of the land owned by two or more parties, or it serves multiple owners as a wall that divides their buildings even though it is built entirely on the land of one neighbour. Most commonly, party walls can be found in semi-detached and terraced houses.
However, party fence walls are garden walls made of masonry. They straddle the legal boundary that separates one neighbour from another.
The timing and method of construction work between neighbours is negotiated by party wall surveyors. They are engaged by the party carrying out the works and the party who is "dissenting" from the proposals in order to make sure that the work is legally permissible and will not damage their property. If the work does cause damage, the party wall surveyor can award compensation.
Anyone who owns a legal interest in property that could be affected by the work being carried out by the Building Owner. That means the owner must have a legal interest for more than one year (e.g., as a long leaseholder) or must be a freeholder.
Someone who is looking to perform construction work and who possesses a legal interest in the property.
This statute governs specific activities involving party walls, party fence walls, party structures, and adjacent excavation that affect the owner of the adjacent property.
This is a written document that identifies the works covered by the legislation and it is served on the neighbours if they might be impacted by the works. It basically informs the people most likely to be impacted about the nature of the project and when it will take place.
Notices generally need to be served in the following situations:
- If you excavate within 3-6 metres of an adjoining owner's property (section 6).
- If you build a wall up to or astride the legal boundary (section 1).
- If you do any work on an existing party wall (section 3).
This refers to when the proprietors give the go-ahead for the work to be done instead of dissenting to the party wall notice. You have to have consent in writing.
When an adjoining owner does not agree to the party wall notice. They could react by asking for a surveyor to be appointed to act on their behalf to ensure that the work is carried out in compliance with the Party Wall Act. Or, they might not respond at all, in which case, a surveyor must be appointed for them.
This legal document resolves the dispute between neighbouring owners and delineates the party wall work that is to be done and the manner in which it is to be done. Surveyors for the party wall make the Award. If you are provisionally disagreeing with what is about to happen, you will need an Award.
It is effectively the same as a party wall award: a legal document that stipulates the timing and method of proposed works on a party wall or wall shared between two properties.
It is necessary when there is a disagreement between property owners about work that one intends to do to the shared wall. If you disagree with the Notice served to you by the property owner intending to perform work on your shared wall, you have to respond within 14 days or risk having work done on your shared wall without your consent. A Party Wall Award serves to establish timing and method of work to be done on a party wall.
A "party fence wall" is a dividing wall of masonry construction designed to separate land under different ownership and which straddles the legal boundary.
A party fence wall could be a brick wall dividing the gardens of two properties. Tenants on either side of the wall share in its care and probable repair and therefore both hold certain rights for the wall under the Act.
For this reason, the Act pertains to party fence walls as well. When you want to do certain work to a party fence wall, you must notify the owners of the adjoining property. Once a Notice has been served, the receiving party has either to consent to the work going ahead or to contest it by making a reply in writing. If the receiving party or the sending party does not feel satisfied with the response to the Notice, either party can incur legal fees by seeking a judgment from a court of law.
Typically, a Schedule of Condition is created for a Party Wall Award, but it is not required. It is a report containing photographs and particulars of the adjacent owner's property before work commences. It establishes a baseline so that if any damage occurs during construction, it can be determined whether the construction work or something else caused the damage.
Unlike a Full Building Survey, a Schedule of Condition does not detail the steps necessary to correct problems; it simply lays out a description of the property's state. In the event of a dispute between the parties, either side can use the report as a baseline in showing that the work done by the building owner caused the adjoining property to deteriorate beyond its original condition.
Works
Working within 3-6 meters of a neighbouring property, constructing a wall at or on the legal divide, or altering a wall shared with an adjacent property owner are all covered.
They may trigger a dispute if not handled properly, and the law is quite favorable to the property owner who is on the receiving end of such work.
The owner of the building wishes to conduct construction work that falls under either section 1, 3, or 6 of the Party Wall etc. Act 1996:
- Section 1 pertains to constructing a wall right up to or astride the legal boundary.
- Section 3 deals with work on a wall shared between two properties.
- Section 6 is about digging adjacent to a neighbour's house, within 3-6 m of its foundations.
The act that governs Party Wall disputes in England and Wales is the Party Wall etc. Act 1996, and this law affects any homeowner who is:
- constructing a new structure along the legal boundary with a neighbour (for example, a new wall in a boundary line);
- carrying out excavations near a neighbour’s building and lower than their foundations;
- working on a shared wall (Party Wall or Party Fence Wall, as defined in the act).
The Act excludes less significant work, like erecting shelving, although it does cover re-plastering. However, the law would apply if you were to install a beam or a damp course.
The party wall regulations exist to help individuals perform construction work on shared walls or in very close proximity to their neighbours. The purpose of the regulations is not to prevent these individuals from building but, rather, to assist them in carrying out their projects in a way that minimizes the impact on their neighbours and protects the neighbour's property.
Yes, if they are made of masonry (concrete, brick, etc.). Wooden fences with concrete posts do not count. The party wall process will apply to any work done on a shared garden wall that straddles the property line. If you want to build a wall that goes right up to the boundary, you will have to serve notice. If you want to build a wall that crosses the boundary, you will need the permission of your neighbour, because you will be using their land.
The Party Wall Act doesn't concern itself with who owns what; it is primarily about what works are carried out, how they are carried out, and when. The owner concerned should first try to reach an amicable agreement with their neighbour. If that fails, he can try to consult a boundary dispute surveyor or seek the assistance of a court.
Legal Process
The Party Wall Act is legislation that outlines how to solve problems that arise between neighbours when they are working together on party wall structures. It also applies to situations where one neighbour is making a big change to their property, like digging a deep hole, that could affect the neighbouring property.
If your neighbours plan to undertake any work on the party wall, you are protected by the Act. It keeps you informed about what's happening right on the other side of your wall and gives you a say in the matter.
The Act aims to foster development and it allows the proprietor of the building to undertake necessary works. In consideration of that, the Building Owner must serve notice on you, the tenant, to let you know that they intend to disrupt your quiet enjoyment in the service of their own needs.
A party wall surveyor in London can serve the dual role of being the building owner's surveyor and/or the adjoining owner's surveyor and can prepare a party wall award.
If issues branch outside the Act (e.g. scaffolding) and the specific parties cannot readily agree, the surveyor can help obtain the necessary consent and can review the work to assess whether it will impact the adjoining owner's property once completed.
The building owner who wants to perform the work must first give formal notice to his neighbour of the "intended work." Only after that can the aforementioned rights be exercised.
As legal action can be taken against you if you do not serve the proper notice, RICS strongly advises property owners to hire a qualified surveyor when doing any work related to a party wall. You are free to choose anyone you like to do the job, but we think it makes sense to select an individual who belongs to a professional institution and who has shown some expertise in this not-so-simple area of the law. The best "party wall" surveyors in the business seem to have membership in at least one of three organizations: the Royal Institution of Chartered Surveyors (RICS), the Chartered Institute of Building (CIOB), or the Faculty of Party Wall Surveyors (FPWS).
When you have received a party wall notification, you have a fortnight in which to reply. If you give your consent, your neighbours may go ahead with their plans. If you refuse, then surveyors are called in to sort out the matter between you.
If you have any concerns, you can contest the works. When you contest the works, you are not consenting to them. Indeed, you are saying you do not consent, and the people doing the works (the building owner) must then engage a surveyor to create a party wall award.
The cost of this surveyor, and of the award itself, is incurred by the building owner, who must pay for the associated fees. You, as the adjoining owner, incur no cost.
A 10-day notice is given that outlines the choices available to them. If a reply is still not received, then a Party Wall Surveyor will be appointed for the other side to act on their behalf.
If we do not receive consent in writing for 14 days after the Notice has been served, the law deems that a dispute has arisen. If a dispute arises, the Act provides for the appointment of surveyors.
No, the Party Wall Act is not protective. Its primary purpose is as a facilitative instrument of construction and refurbishment. It sets in motion the procedures necessary to accomplish resolution of the kind the Act was primarily designed for: getting the project underway. If the adjoining owner "dissents" to a Notice, this does not prevent the Award from being secured.
Typically, yes, if you are digging just 3-6m from your neighbour's foundations or are constructing right up to the legal boundary.
When carrying out work on a party wall, it is necessary to give proper notice. You don't necessarily need the consent of the owner of the wall before you can do work; all you need is for your surveyor make a Party Wall Award in respect of the proposed work which falls within the framework of the Act.
No one involved in the disagreement can act as a party wall surveyor and thus can not make an award. The Act requires that the appointment be made to someone independent of the situation and also impartial.
It is always recommended to do this, but your lawyer would generally advise you to consult a party wall surveyor about the pertinent issues. This is because it is mainly the party wall surveyor who deals with the dispute and serves the Award.
An award will not be necessary if the neighbours come to terms at any stage during the dispute process. If the dispute is ongoing, then legally, the party wall surveyors must sign and serve on the owners the award.
If the award is already signed and served, we can not amend it. However, the surveyors can produce an addendum award. This supplements the original award and is typically made if the design or scope of the proposed work need updating.
If the Adjoining Owner has any issues with the works, these can be promptly managed without the adjoining owner having to spend money. They can challenge the notice and name their own surveyor or consent to a single 'party' surveyor for both sides.
Indeed, it's necessary to have planning permission alongside a party wall award or consent to begin any work. Notice can be served before obtaining planning permission. It is best to synchronize the acquisition of planning permission with the serving of the party wall award so that you can begin work immediately.
Whenever possible, it is a good idea to meet your neighbours face-to-face to talk about your plans before you serve them notice. This lets you clear up any potential kinks in the plan before you start the formal process and gives your neighbour a chance to offer ways to potentially improve the plans, which could push you toward a more amicable resolution. It is still necessary to serve a written notice as well.
While anyone is technically able to serve a party wall notice, it is usually best to employ a party wall surveyor to do so because they are trained for this very purpose. If the party wall notice is not in the correct form or does not describe the proposed works accurately, the Award may not be valid. This is a very important feature of the party wall system because the Award is like a judgement that protects property owners and their property from the incursions that might result from the normal activities of construction.
Yes, When the written notice required under the Party Wall Act is served, the building owner may proceed with the works described in the notice without an Award, provided that all the owners of the neighbouring properties consent in writing to the notice under the Act.
If the neighbouring property owners do not come to a written agreement (if they disagree or do not respond within 14 days), the Party Wall Act is put into action.
According to the Party Wall Act, both parties must appoint a surveyor to produce a party wall award. These surveyors work independently and decide whether the construction in question is reasonable and meets standards. The award they draw up consists of an agreement between the two parties that outlines what work will be done, and when, where, and how it will be done.
To achieve greater efficiency at a lower cost, it is best to appoint a single surveyor for both parties. This surveyor is jointly chosen by the adjacent property owners and is known as an "Agreed Surveyor." If either owner disagrees with this arrangement, then they must each appoint their own surveyor.
Timescale
A party wall notice must be served on all adjoining owners when work is to be done on a party wall. The notice period is 1-2 months, depending on the type of work. It is 1 month for excavation or for building a wall; it is 2 months for altering or making good an existing party structure.
Typically, the award requires that work on a project be initiated within 12 months of signing.
If work does not start within 12 months from the time of the award, or if there is a change in ownership (for example, a new owner of the building or an adjoining property), the award may expire.
Costs
Typically, the Building Owner is responsible for all party wall expenses. The only time the adjoining owner incurs costs is when he or she requires the builder to undertake work that benefits the adjoining owner.
If the adjoining owners make unreasonable or unnecessary demands or if their surveyor has to do additional work, they may also have to contribute to the fees.
Additionally, there could be obligations to repair the party wall, and those costs would be shared by the owners, including paying for the surveyor.
Every surveyor has a different fee structure, so if you're a building owner, it's good practice to determine a surveyor's rates before you hire them. That way, you can incorporate their fees into your project budget.
Usual fees are £250 per hour. A standard party wall job with no difficulties or delays is typically 6-8 hours, so £1,500 – 2,000 in total at least for 1 surveyor.

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