The Party Wall etc. Act 1996 ‘The Act’
Experienced Party Wall Surveyors
Our Surveyors specialise in this field. The advice we provide is based on many years of practising.
All our Surveyors are members of the Faculty of Party Wall Surveyors, Pyramus and Thisbe Club and Royal Institution of Chartered Surveyors.
Services and Professional Fees
We can prepare and serve all of your Party Wall Notices, Party Wall Awards and administer the framework of the Act for competitive prices.
Call us on 0208 334 4773 or email us at firstname.lastname@example.org for free initial advice and fixed fees.
Introduction to the Act
The Act came into force on 1st July 1997 and applies throughout England and Wales.
This legislation relates to preventing and resolving disputes between neighbours, only when certain construction work is carried out.
The Process under the Act
In the context of Party Wall Matters, you are the ‘Building Owner’ if you are doing the notifiable construction work and you are the ‘Adjoining Owner’ in simple terms, if you are the neighbour.
1. The Building Owner should first serve valid Notice(s) on Adjoining Owner(s) when notifiable work is proposed. See ‘Building Owners’ tab below. We commonly see invalid Notices prepared by Building Owners meaning unfortunately, they must start the process again. Building Owners also often serve the wrong types of Notice.
2. An Adjoining Owner (the neighbour) having received a Notice may dissent and in this event is entitled to appoint their own Party Wall Surveyor. Costs for this Surveyor will usually be met by the Building Owner.
3. When the Adjoining Owner appoints a Party Wall Surveyor, the Building Owner must also appoint their own Party Wall Surveyor. The two Surveyors should then work together to agree the terms of a Party Wall Award, authorising the notifiable work.
4. Alternatively, there can be a single Agreed Surveyor who will act for both Owners who will in turn prepare and serve a Party Wall Award.
Party Wall Surveyors appointed under the Act have a ‘quasi-judicial’ function meaning they should be impartial and not favour their Owners.
Party Wall Matters can become complicated and we recommend seeking professional advice before serving Notice yourself or, if a Notice has been posted through your letterbox.
Click on ‘Building Owners’ or ‘Adjoining Owners’ tabs below for more information, or contact us directly. We will be pleased to advise you on your individual circumstances.