If you are planning to build close to a shared wall or boundary, you may be wondering if a party wall surveyor can stop your project. According to the Party Wall etc. Act 1996, surveyors make sure that construction is legal and does not harm nearby properties. In this updated guide for 2021, we will look at whether a party wall surveyor can stop the work and what you need to do to avoid legal problems. If you need help with party wall matters, contact Party Wall Solutions today.
What Is the Party Wall etc. Act 1996?
The Party Wall Act helps stop arguments between neighbours. This happens when building work impacts shared walls, property lines, or close foundations. It makes sure both parties are legally safe and gives a clear way for talking, agreeing, and solving disputes.
You need to send a notice if you plan to do any of these:
- Building on or near a boundary line
- Excavating within 3 to 6 meters of a nearby property (depending on how deep it is)
- Cutting into or taking away part of a wall that you share, like a chimney breast.Planning construction near a shared wall? you can also explore rights under the Party Wall Act to prevent disputes by reading .
What Does a Party Wall Surveyor Do?
A party wall surveyor is a qualified expert chosen to handle problems under the Party Wall Act. They work on their own and follow the law—not for any one party. Their jobs include:
- Preparing or agreeing to a wall Award
- Inspecting properties and recording existing conditions
- Monitoring compliance with the award
- Resolving disputes fairly
Thinking of increasing the height of a party wall? Check out this guide to make sure you’re following the right guidelines: Can I Increase the Height of a Party Wall?.
Can a Party Wall Surveyor Stop Building Works?
Yes—under specific legal circumstances. A party wall surveyor cannot directly issue a stop-work order, but their findings can lead to action that does halt works, particularly through the courts. Here’s how:
- If No Party Wall Notice Is Served : If a building owner begins notifiable works without serving the required notice, the adjoining owner has the right to apply for an injunction—a court order to stop works immediately.
- If There Is No Party Wall Award : If your neighbour dissents to the notice, surveyors must be appointed and an award agreed before work starts. Beginning works without an award is unlawful and could lead to legal action.
- If the Works Breach the Party Wall Award : If the builder deviates from the agreed methods, timing, or protections outlined in the award, the surveyor may step in. This can lead to temporary stoppage until the breach is resolved.
- If Damage or Risk of Damage Occurs : If ongoing work poses a real risk to the neighbour’s property, the surveyor can document it and support the adjoining owner in applying for a court-ordered halt to the work.
What Is an Injunction and Who Issues It?
An injunction is a legal order issued by a court that requires someone to stop doing a specific action, such as halting construction work. In the context of party wall disputes, an injunction may be issued if building work violates legal agreements or causes harm to a neighbouring property. Party wall surveyors do not have the authority to issue injunctions, but they play a crucial role in identifying situations where legal action may be necessary.
Surveyors assess whether the construction work is in breach of the wall Act or causing damage, and if needed, they can provide expert evidence to support the case for an injunction. If a dispute escalates and legal intervention is required, the court will issue the injunction to prevent further work until the issue is resolved. This helps protect both parties’ rights and ensures compliance with the law.
How Can You Avoid Your Works Being Stopped?
To avoid delays, disputes, and legal costs in construction projects that affect walls, it’s essential to follow key steps to ensure everything runs smoothly. Here are the necessary steps to prevent your work from being stopped:
- Serve a Valid Party Wall Notice : Before beginning any work on a shared or adjacent wall, you must issue a valid party wall notice to your neighbour’s. This notice should be in writing and include clear details about the proposed work. By giving proper notice, you allow your neighbours sufficient time to respond or raise concerns about the work. This is a legal requirement and ensures transparency from the outset.
- Wait for the Party Wall Award to Be Finalized : Once the notice has been served, the next step is to wait for the Party Wall Award to be finalized. The award is a legally binding document that outlines the agreed-upon terms, conditions, and responsibilities for both parties involved. Work should not commence until this award has been formalized. Starting without the award could lead to disputes and potentially stop the work.
- Appoint a Qualified Surveyor : Appointing a qualified surveyor is critical to ensure that your project complies with the Wall Act. A surveyor specializes in resolving wall issues and can help mediate between you and your neighbour. The surveyor will also ensure that all terms of the Party Wall Award are properly adhered to, reducing the likelihood of disputes.
- Follow the Agreed Terms of the Award : Once the Party Wall Award is in place, it’s essential to follow all agreed terms. Deviating from these terms could lead to legal action, project delays, or even an order to halt construction.
- Maintain Clear Communication with Your Neighbour : Keeping an open line of communication with your neighbour throughout the construction process can help prevent misunderstandings. Address concerns promptly and ensure your neighbour is kept informed about the progress of the project.
These simple steps help ensure a smooth, dispute-free construction process.
Why Hire a Qualified Party Wall Surveyor?
Hiring a professional surveyor ensures you:
- Stay Compliant with the Law : A qualified party wall surveyor has in-depth knowledge of the Party Wall Act and the legal requirements surrounding it. By hiring a surveyor, you ensure that your project is fully compliant with the law, preventing any legal issues or fines that might arise from non-compliance. The surveyor will guide you through the process and make sure all paperwork, such as notices and awards, is correctly completed and submitted.
- Reduce the Risk of Disputes : Disputes with neighbours can arise during any construction project, especially when shared walls are involved. A professional surveyor helps mediate between parties, minimizing misunderstandings and disagreements. Their neutral stance helps keep things fair and ensures that both parties are treated equally, reducing the chance of conflicts.
- Protect Yourself Against Claims of Damage : Construction work often involves the risk of accidental damage to neighbouring properties. A party wall surveyor helps protect you from potential claims of damage by assessing the condition of the wall and neighbouring property before work begins. This documentation serves as a record in case any issues arise during or after the project.
- Expert Support in Case of Disagreement : If a disagreement does arise with your neighbour, having a professional surveyor on hand is invaluable. They act as expert mediators, offering solutions based on experience and knowledge of the Party Wall Act, helping to resolve conflicts without escalating to legal action.
- Save Time and Money : Hiring a surveyor upfront may seem like an additional cost, but it saves money in the long run. They help you avoid delays, legal complications, and expensive disputes, ensuring the project stays on track and within budget.
A good surveyor acts as a neutral party to keep the project fair and focused. Check out Can an engineer work as a party wall surveyor?
FAQ
Can a party wall surveyor stop building work?
Yes, their findings can lead to legal actions like injunctions that may stop the work.
What is an injunction, and who issues it?
An injunction is a court order to stop work, which a surveyor can support but cannot issue directly.
Why should I hire a qualified party wall surveyor?
To ensure legal compliance, avoid disputes, and get expert support throughout the construction process.
How long does a party wall notice last?
A party wall notice is typically valid for 1 to 2 months, depending on the agreement reached.
What happens if I start work without serving a party wall notice?
You may face legal action, including a court-ordered injunction to stop the work.
Final Thought
While a party wall surveyor doesn’t have the power to shut your site down with a wave of their hand, their findings can lead to court orders and legal action that will stop your work if you’re not compliant with the Act. If you plan to work near a shared wall or border, make sure to handle the legal steps early. Send out the correct notices, hire someone for the job, and follow the steps closely. It is better to complete it correctly the first time. Stopping halfway due to a problem you could have avoided is not a good idea.
If you have any questions or need more information, please contact us on 03300100075.
