National Party Wall Surveyors
A party wall is a shared wall or structure. That separates two adjoining properties. Owned by different people. These walls are found in terraced & semi-detached homes. The purpose is to provide structural support. And divide the properties while being jointly owned. Or used by the neighbouring property owners.
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The Party Wall etc. Act of 1996 establishes a structure for preventing and resolving conflicts regarding works to party walls, boundary walls, and excavations near neighbouring buildings.
A Building Owner who intends to begin work protected by the Act must notify ‘Adjoining Owners’ of their plans in the procedure provided by the Act.
Failure to serve notice can result in an injunction to halt construction on the site.
A Quick Guide to the Party Wall etc. Act
The Party Wall etc. Act is an important piece of legislation designed to manage the relationship between neighbours when building work affects shared structures or boundaries. Applicable in England, Wales, and Northern Ireland, the Act helps prevent disputes when work involves party structures, such as walls between different owners, garden walls, or a line of junction where lands meet.
Understanding the Act’s Purpose
Under the Act, notifiable works include tasks that could affect the structural integrity of a shared wall, neighbour’s foundations, or party fence walls. This also extends to new building, demolition of separate staircases, or minor adjustments like removing old plaster from a shared wall. Even simple tasks classified as minor works must comply if they involve a boundary line or affect owner’s land.
Steps in the Party Wall Process
The process begins with serving a Party Wall Notice. This legal document must include details such as the proposed work, notice period, proposed start date, and the address of the building involved. Neighbours, referred to as affected neighbours, have the right to agree or serve a counter notice requesting modifications or additional work.
If neighbours disagree, each appoints a surveyor—one acting as their own surveyor, or both may opt for an agreed surveyor. A second surveyor or a third surveyor may be needed to resolve disputes. The process concludes with the service of the award, containing a schedule of condition, cost details, and agreed terms.
Practical Tips for Homeowners
Ensure you understand the provisions of the Act, especially for party wall work. It’s a good idea to seek professional advice for dispute resolution and organise a party wall agreement before starting your building project. This approach gives you the best chance of preserving neighbourly relationships while keeping your project on track.
The party wall act allows ‘building owners’ to undertake projects subject to conditions and a legal process.
Provides a mechanism for avoiding and resolving conflicts, allowing the ‘building owner’ to proceed with the work even though the ‘adjoining owner’ objects.
A new wall was built up to the junction line for the purpose of constructing a new rear extension.
Installing new steel beams for expansions, open-plan living areas, or loft conversions
Excavation within 3 meters of an adjoining land owner's property and below the level of their foundations
Excavation within 6 meters of the land of an adjacent owner and if any of the excavation intersects the plane from the ground of the owner's foundations, drawn at a 45° angle (such as for basement or piling works)
The condition calendar documents the condition of the property of the neighbors before the work begins. This protects all parties if the outcome causes damage.The condition programme, for an assessment of what is new and old, may be referenced, enabling the auditors to calculate any costs. Highlight any defects before work is started, Photographic record & written record.
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