Party Wall Act Questions

This is an enabling Act, which covers certain works to party walls, party fence walls, party structures, and excavations within specified distances of adjoining owners ‘structures’.

This depends on how the garden walls are constructed (i.e. materials), the proposed works, and the distance away from the garden walls, that any excavations are proposed. The garden walls may be in single legal ownership, or be astride the boundary between two or more properties. This also affects the application of the Party wall Act.

This is a written document, that sets out key pieces of information about proposed works that fall within the remit of the Party wall Act. They are the way in which affected neighbours are notified about the works, and should describe the options that the neighbor has, in responding to the Notice, or notices.

Find out more about Party Wall Notices.

This will depend on the position of the extension, relative to the boundary with your own property, and also the proximity of any structures on the boundary, or neighbouring land.

A follow up letter can be written (following the processes and timescales contained within the Act), and if necessary, a party wall Surveyor can be appointed to act on the neighbours behalf, if they continue not to respond.

The Party Wall Act is an ‘enabling’ Act, and there are dispute resolution procedures set down in the Act. They can ‘dissent’ to a Notice, but this doesn’t mean that they can stop an Award being agreed, particularly once a Surveyor, or Surveyors have been appointed to deal with the matters that are in dispute.

If after fourteen days following the serving of a Notice, written consent is not forthcoming, this means that a ‘dispute’ has arisen. This means that a Surveyor, or Surveyors need to move the process forward, in terms of the party wall Act.

This depends upon the extent of the drilling, and for what purpose. As an example, drilling into a party wall for the purposes of inserting a damp proof course would fall within the remit of the Party wall Act.

Not as such, no. Previously agreed Party wall Awards might give an indication as to Land Ownership, or boundary positions, but this isn’t a foregone conclusion. There are specialist Surveyors who can deal with boundary disputes.

Usually, it is written into Awards that the works have to commence within twelve months of the date of the Award

The Party wall Act means that someone who is a party to the dispute (that is to say, the entity instigating the building works, or their neighbor), can’t be a party wall Surveyor. So there need to be Surveyors, or a Surveyor appointed to draft and serve the Party wall Award, if the matter gets to that stage.

The Award usually ceases to apply if the party wall works aren’t commenced within a year of the Award being signed. Also, if the Building Owner changes (if they convey their interest in the property), the Award ceases to be valid, and the ‘new’ Building Owner has to start the process again.

Not unless you are selling your property when you receive a Notice, or there is a problem that can’t be resolved by party wall Surveyors. Solicitor involvement in party wall matters is often not necessary.

Works to a party wall (such as underpinning, thickening, or raising).

This is the legal Owner of land in the Adjoining property (or sometimes, a property located up to six metres away, depending on the scope and depth of excavations). The legal interest has to be for longer than a year in duration, and can be a Freeholder or a Leaseholder.

This is the instigator of the Building works, who holds a legal interest in a piece of land or property.

Yes, in some circumstances. There are sometimes also Addendum Awards issued (which are supplementary to the original Award) such as if designs, or the scope of work changes.

This depends on the scope of work, and the responsibilities for repair, for instance. If the repair liability for a party wall or party structure are split 50/50 between two Owners, the party wall Surveyors costs may also be split 50/50. Each project differs.
If works are being carried out solely for the benefit of the instigator then the convention is that the instigator / ‘Building Owner’ pays the reasonable costs of the parties involved. These costs usually takes the form of party wall surveyors fees.

Each Surveyor, and Surveying firm differ, and it is worth contacting them direct in advance of instructing a party wall Surveyor, to ascertain the likely costs of all parts of the process (such as serving Notices, compiling a Schedule of Condition etc).

For more information on Party Wall Surveyor cost.

Depending on when they are instructed, they will review proposals, investigate Adjoining ‘ownerships’ and serve the relevant Notices. They will then, if a dispute arises, take the matter forward until Awards are in place. If damage is alleged to Adjoining properties, they can also step in, in resolving issues of damage. They agree the timing and manner of the works that fall within the remit of the Act, and are appointed to agree the necessary paperwork.

The Party wall Act is a statutory consent. At the very least, neighbouring Owners need to be notified about certain proposed works (that fall within the remit of the Party Wall Act),and given the opportunity to respond.