What is the Party Wall Act, and how does it affect me?
If you want to carry out work on shared wall or structure that is close to other people (such as your neighbours), then the Party Wall Act might apply to you. It is relevant when people want to work on a shared structure, such as a wall.
The Party Wall Act is also relevant when working very close to a shared boundary—even if there is no wall. So, for example, if you're carrying out excavation works close to neighbouring property, then the Party Wall Act is relevant.
Is it necessary for me to issue a Party Wall Notice?
If you are planning construction on or near to a neighbouring structure, your party wall surveyors will examine the drawing and the space between you and your neighbour to see if the work is covered by the Act. They will prepare and deliver the notices, including the drawings, and manage any responses.
What is the process for appointing a Party Wall Surveyor?
It is simple. Just send a letter to your potential party wall surveyor indicating that you would like him or her to act on your behalf. Once your party wall surveyor agrees to the arrangement, he or she will provide a letter of appointment for you to sign.
Is Planning Permission needed for a party wall?
No, you can notify the neighbours of your intention to do work on a wall you share with them before you get planning permission. The actual work, however, can not begin until you've got the necessary planning and building regulation approvals. A party wall agreement should be made before you start works.
How quickly must my Neighbour Respond to a Party Wall Notice?
A notice sent to an adjoining owner requires a reply within 14 days. If the adjoining owner does not reply in that time, a dispute is deemed to have arisen and the surveyor serves a notice that gives them 10 days to appoint a surveyor. If there is still no response, a surveyor is appointed for the adjoining owner under section 10(4).
What Happens When Notice Isn't Served?
If you don't serve notice, your neighbours can stop your work with an injunction and may also sue you for damages and costs. If your neighbours claim that you have damaged their property and you haven't followed the legal steps you're required to take, then there's a good chance that a judge will find against you. Again, this is even worse if you haven't done a proper schedule of condition to prove that their property was in a good condition before your work started.
Is it permissible to commence construction work before a Party Wall Award is in place?
While it is permissible to start work after notice the notice period has expired, this is not something we would generally encourage. You might ask why, and the short answer is that doing so places you at risk of being in breach of any number of conditions the surveyors could reasonably set.
Is a Party Wall Notice required to install a kitchen or shelving?
Not for fitting kitchen units or shelving. This is because the work is considered non-structural; it does not impact the party wall. However, if your plans involve removing plaster, you would technically need to serve notice.
At what point should one engage the services of a party wall surveyor?
We advocate that this initial contact be made now. The reason for engaging a party wall surveyor under the Act lies in the notification process itself. Sending a well-drafted notice is the first step in many with consequences if not done correctly. To properly notify an adjoining owner serves two purposes: first, it fulfils a legal requirement; second, a well-notified adjoining owner is less likely to become an objectionable owner, which is good for all parties concerned.