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Can a party wall surveyor stop works?- Updated 2021

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Party Wall Notice: What It Is and How a Party Wall Solutions Surveyor Can Stop Works

If you’re planning to undertake construction work on a property that is connected to another property, you may need to serve a party wall notice. But what exactly is a party wall notice, and how can a party wall surveyor stop works if necessary? In this article, we’ll take a deep dive into the world of party walls and provide you with everything you need to know.

What is a Party Wall Notice?

A party wall notice is a legal document that you must serve to your neighbors if you plan to undertake certain types of building work on a property that shares a party wall with another property.

Private right of way dispute

The purpose of the notice is to inform your neighbours of the work you intend to carry out and how it may affect them. You are legally obliged to serve a party wall notice if you plan to carry out any of the following types of work:

Building a new wall on or adjacent to a shared boundary

Cutting into a party wall to insert a beam or other support

Removing a chimney breast that is shared with another property

Excavating within 3-6 meters of a neighboring building, depending on the depth of the excavation

What Happens Once a Party Wall Notice is Served?

Once you have served a party wall notice, your neighbor has three options:

Agree to the works: If your neighbor agrees to the works, they will need to sign and return the notice within 14 days.

Dissent: If your neighbor dissents, they have 14 days to appoint a party wall surveyor to act on their behalf. You will also need to appoint your own party wall surveyor, and the two surveyors will work together to agree on the details of the works.

No response: If your neighbor does not respond to the notice within 14 days, they will be deemed to have dissented, and you will need to appoint a party wall surveyor on their behalf.

Can a Party Wall Surveyor Stop Works?

Yes, a Party Wall Solutions surveyor can stop works if they believe that the works being carried out are not in accordance with the Party Wall etc. Act 1996 or that they are likely to cause damage to the neighboring property. If this happens, the surveyor can issue an injunction to stop the works until an agreement has been reached.

What Are the Advantages of Using a Party Wall Solutions Surveyor?

There are several advantages to using a party wall solutions surveyor when undertaking building work that involves a shared wall or boundary:

We can help to ensure that the works are carried out in accordance with the law and that your legal obligations are met.

We can help to avoid disputes between you and your neighbors by acting as an impartial mediator.

We can help to ensure that any damage to your neighbor’s property is identified and dealt with quickly.

If you’re planning to undertake building work on a property that shares a party wall or boundary with another property, it’s essential that you understand your legal obligations and the role of a party wall surveyor. By serving a party wall notice and working with a surveyor, you can ensure that your project runs smoothly and that any potential disputes are avoided.

If you need help with party wall matters, contact Party Wall Solutions today.


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