Frequently Asked Questions

A Party Wall is a wall which stands on land belonging to different owners that forms part of a building. An example of this is the wall between two terraced houses. A Party Structure can be the walls or floors between different owners in a block of flats. In addition to this, there is a Party Fence Wall which is a wall which does not form part of a building, stands on the land of two different owners but separates land. An example of this would be a garden wall. 

If you are building on the Line of junction, within 3/6 metres of an adjoining owners building or you are carrying our works to the Party wall or a Party Structure you may need to serve notices and should seek advice from a Party Wall Professional. 

Your neighbour can seek a court injunction to stop works and you leave yourself open to accusations of damages that you will not be able to evidence that your works did not cause. 

You have 14 days to respond, you can either consent to the works or dissent. If you fail to respond, you will be deemed to have dissented and a dispute will have arisen, invoking the Party Wall etc. Act. 

If your neighbour consents to the works you will be free to commence works once the notice period has passed. 

We would recommend that you still carry out Schedule of Condition (SOC) survey of your adjoining owners' property to protect both parties in the event of any damage to property occurring. 

Nothing is gained by ignoring the notice. The Party Wall Act is an enabling act. It is intended to protect all parties and allow for protection whilst the works progress. If you fail to respond, then it is assumed that you dissent/dispute and a Party Wall Award is produced.

Nothing is gained by ignoring the notice. The Party Wall Act is an enabling act. It is intended to protect all parties and allow for protection whilst the works progress. If you fail to respond, a "ten day notice" will be issued requesting that you appoint a Surveyor. If you do not, a Surveyor will be appointed on your behalf.

"Dissent" essentially means that a legally binding Party Wall Award prepared by a Party Wall Surveyor would need to be in place before works begin. The award is prepared by Party Wall Surveyors. Contact us to discuss.

A schedule of Condition is a survey of the property which documents the condition of the Adjoining Owners property BEFORE works commence on site in the Building Owners property. This will come in the form of a detailed report which will include images. 

Anyone who is not party to the matters can be appointed or selected as your surveyor. However, we would always recommend that you appoint a professional to handle these matters for you, but you are free to appoint whoever you choose.

The Building Owner is responsible for the fee's of the Surveyor/s appointed. 

The Party Wall Surveyors role is to resolve disputes between neighbours in relation to works that fall under sections 1, 3 & 6 of the Party Wall etc. Act 1996 as listed below. They will either work with another Surveyor, or alone as the Agreed Surveyor to make sure the proposed works allow both parties to have a fair outcome. 

The notice period varies depending on the works. See below:

- Section 1: Building on the line of junction = 1 months notice. 

- Section 2: Works affecting the Party Wall = 2 months notice. 

- Section 6:  Excavations within 3 or 6 metres of an adjoining owners structure or building. = 1 months notice. 

Once your notice has been served, you will have to wait until the notice period passes before you commence work. However, if your adjoining owner does not consent to works, you will have to wait for your award before you commence.

A Party Wall Award is a legal document which outlines the works taking place, how and when they will be carried out. It also sets out the rights and obligations of both the Building Owner/s and the Adjoining Owner/s.