Party Wall

PARTY WALL ETC. ACT 1996

At MD Designs we have a team of experienced Party Wall Surveyors, assistant surveyors and specialist party wall administrators, we cover the whole of the inner M25 area from our Enfield offices so if you are planning on undertaking work that falls within the scope of the Act or have received a notice informing you of proposed works that may affect your property you are very welcome to contact us for some advice. We specialise in party wall matters and have completed hundreds of party wall awards and MD Designs has over 20 years’ experience working on a wide range of projects both within Central London and Greater London.

We can act on behalf of the Building Owner as the appointed Party Wall Surveyor to resolve a dispute, either working with the neighbours’ appointed Party Wall surveyor or as an Agreed Surveyor, acting impartially on behalf of both neighbours.

We can prepare and serve Party Wall Notices on behalf of a Building Owner and advise on works that will require a Party Wall Notice.

A Party Wall Surveyor is a person who specialises in resolving disputes arising under the Party Wall etc Act 1996. This legislation is only applicable to England and Wales. A surveyor appointed under the provisions of the Act has a duty to the Act and not to the party or parties appointing him/her. There is no client-surveyor relationship in the normal sense, as the person acting as a ‘surveyor’ under section 10 of the Act is not party to the matter in dispute.

Where work falls within the scope of the Act it is necessary for a building owner to serve notice and obtain the affected adjoining owner’s consent; if that consent is not forthcoming the parties are deemed to be ‘in dispute’ under the Act and surveyors must be appointed so that the dispute can be resolved by way of a Party Wall Agreement (technically called an ‘Award’).

These are some typical examples of work that is likely to be covered by the Act:
Cutting beams in to a party wall as part of a loft conversion and or internal alterations, the removal chimney breasts that are attached to a Party Wall. Underpinning a Party Wall to facilitate a basement extension, excavating for the foundations to a new extension within 3m/6m of a neighbouring or shared structure.

The Party Wall surveyor’s role is to resolve differences between neighbours when building works to a party structure, or within specified distances from a neighbour’s property, are proposed. The surveyor (Agreed Surveyor where both parties concur in one person) or surveyors (where each party appoints their own surveyor) will resolve the dispute by making an Award, which is legally binding on both parties. Should your work fall within the one or all of the above areas of work, you are obliged to serve a Party Wall Notice upon the neighbouring owners affected by the works.

The neighbour (Adjoining Owner) can either consent to the Notice, in which case you can proceed subject to the notice period having elapsed. If they dissent to the Notice, you are deemed to be in a dispute with your neighbour and must appoint Party Wall Surveyors to resolve the dispute, by agreeing and serving a Party Wall Award.

All semi-detached and terraced houses have Party Walls. Apartments and flats have Party Structures. A Party Wall or Structure separates your and your neighbour’s property. If you are planning on starting work which will have an effect on the Party Wall you must get your neighbour’s agreement before you commence. Usually this is in the form of document called a Party Wall Award prepared by a Party Wall Surveyor – you cannot act for yourself!

If the planned work constitutes a Party Wall matter you (or your Party Wall Surveyor) must give a written Party Wall notice to your neighbour. This is generally two months prior to commencement or one month in the case of excavation works only. The Party Wall notice should go to the adjoining owner so if the property is tenanted you will need to find out the owner’s details. That includes the freeholder and anyone with a lease longer than one year.