If you’re planning a building project close to a boundary, the work might fall under the Party Wall Etc. Act 1996. If it does, you’ll need to serve your neighbour notice and allow them a chance to see what work you’ll be doing. They might want to dispute the works, triggering the need for a Party Wall Award.
Many homeowners issue notices to their neighbours themselves. In this article we talk about the pros and cons of using a Party Wall Surveyor, and situations when it isn’t possible to proceed without one.
Party Wall Notices
Before getting started, it’s essential that you check if the works you’re planning fall under the Party Wall Act. If you aren’t sure, speak to a surveyor. Firms regulated by The Royal Institution of Chartered Surveyors (RICS) provide free initial advice and can tell you if you need to issue a party wall notice.
You can issue the initial party wall notice to your neighbour yourself, if you want to. Make sure you provide the correct information to avoid ‘invalidating’ the notice. You will need to include a good enough description of the work and, if you’re serving notice for excavation work, you’ll need drawings to show your new foundations for the notice to count. Alternatively, you can appoint a Surveyor who you can authorise to serve the notices on your behalf.
Party Wall Awards
If your neighbour ‘dissents’ to the notice, or if they don’t respond within 14 days, a Party Wall Award is required by law. This is a legal document with full details of the project, including the works to be undertaken, the timeframes involved, any access to neighbouring land required, and details over payment of fees. The work granted in the award is binding; an appeal must be made in court if either side disagrees with its content.
Party Wall Awards must be served by a Surveyor, as stated within the Act itself. For this reason, it isn’t possible to undertake this yourself and professional help will be needed.
Conclusion
If your building works have been disputed by your neighbour after serving an award, you’ll need the services of a Party Wall Surveyor. They’ll assist through the the various steps of the process and act impartially between both sides, to make sure that the work involved is fair, that both owners’ rights are protected and that any disputes raised are checked before deciding on how the work should take place. In many cases, the adjoining owner will appoint a surveyor of their own; they have a legal right to do so if they’d prefer not to use a single ‘agreed’ surveyor. Your appointed surveyor will work alongside their surveyor, and draft the Award together.
However, if you’re in the early stages of a project and you’d prefer to save money and issue a notice yourself then you’re legally able to do so. It’s crucial that the notice is served in the correct way, and that you include the correct information; if you aren’t sure, ask a Surveyor who will happily explain the process to you.
Do you need further advice, or would you like to appoint a Party Wall Surveyor? Please get in touch for some initial advice.