If you’re planning to erect a fence or a wall that divides your property from the adjoining premises, or you’re thinking of building a wall or a garage on or near your neighbour’s boundary, you need to get their permission. To do this, you must give your neighbour a Party Wall Notice.

The Party Wall Act 1996 was drawn up to protect adjoining property owners from any loss or damage caused as a result of a building owner’s actions. In this article, we look at when you may need to involve Party Wall Surveyors to assist, and what’s involved in the Party Wall process.

1. Engage a Party Wall Surveyor at an early stage

If you think that your adjoining neighbour might have reason to object to the work you’ve planned, then you should involve a Party Wall Surveyor straight away. This is a professional surveyor who is responsible for preparing a Party Wall Agreement – the document that sets out the owners’ responsibilities and rights in relation to how the construction work will be carried out and what will happen if there’s any damage caused during the process.

Before construction commences, the Party Wall Surveyor will carry out a photographic and a descriptive Schedule of Condition to those sections of an adjoining owner’s property that may be at risk of being damaged during construction. It’s vital that this is an accurate assessment so that any subsequent damage can be rightly attributed.

2. How to serve a Party Wall Notice

It’s probably best to have a friendly chat with your neighbour to explain exactly what you’re planning to do before popping a Party Wall Notice through his letter box. This should help both of you avoid any confusion and gives you the chance to bring up any tricky issues that need to be discussed.

Serving notice is simple – it has to be in writing; it should include information such as the date on which work will commence and the date of expected completion; and it should also include what work is to be carried out. If there are any excavation works, special foundation works, or any foundation works that may cross over into a neighbour’s property, then you must include the builder’s or architect’s plans. If your neighbour agrees, you can send the Party Wall Notice electronically, and there’s no need to use recorded delivery, it just needs to be delivered.

3. When must Notice be served?

Two months’ Notice before you’d like to start work is required for construction on an existing Party Wall, but only one months’ Notice is required for the construction of a new wall on the boundary line, and for excavations such as foundations near the boundary line. Notice is valid for 12 months from the date of delivery to your neighbour, and if you’ve not begun work within the year, you’ll then have to serve new Notice.

It’s best to give your neighbours plenty of notice about the planned work so that you have their approval well before construction begins. The last thing you want is the commencement date of the project to be held up because you’re waiting for their response, or still dealing with any objections they may have. You can also start work earlier, as long as you have your neighbour’s permission.

If, when you’ve spoken to them, they’re happy with your plans, ask them to sign the paperwork right away, because if you’ve not heard from them after a week or so, you could find yourself being ‘in dispute’.

4. Who pays for any damage?

In terms of the Party Wall Act, any damage caused to an adjoining owner’s property is the sole responsibility of the building owner, who is required, at his expense, to remedy the situation to the satisfaction of the adjoining owner.

5. What happens if you receive an objection in the form of a Counter Notice?

If your neighbours object to (or would like you to make some changes to) your plans, they can serve you with a Counter Notice. If you’re happy with the changes, you can agree to the Counter Notice and start work immediately. If you’re not happy, then your surveyor will need to get involved.

6. What happens if you receive no response?

If you don’t get a response from your neighbour within 14 days, then you are deemed to be ‘in dispute’. At this time, it’s a good idea to talk to your neighbour and explain that you are technically now ‘in dispute’ and will have to appoint a surveyor to work for both of you, or two surveyors to work for each of you.

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