Archway Party Wall

Party Wall Matters

From Archway Building Surveyors QUALITY

INTEGRITY

PASSION

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Archway Party Wall Surveyors is a dedicated part of Archway Building Consultancy specialising in party wall matters.

We are a dynamic Chartered Surveying practice. Our primary objective is to support our clients with a professional and personal service of unrivalled quality.

We understand that your success supports our success!

We work in collaboration with a tried and tested network of consultants to offer a full range of consultancy services, supporting your construction projects right through from inception to completion.

We construct the foundations to your success through efficient project delivery – embracing a unique approach to modern working, alongside a commitment to innovation and investment in technology.

We always go the extra mile for our clients and seek to add value at every opportunity. What really sets us apart however, is one simple factor – our commitment to ‘only quality people’ Our people consist solely of highly qualified and experienced Chartered Surveyors with a wealth of industry expertise.

We have a very strong team ethos and support each other as we aspire to achieve our shared and personal goals. Each of us has similar values, motivation and a passion for construction.

These factors, combined with a focus on knowledge sharing and self-development, facilitate a level of service that is unparalleled in the industry.

Chris Belton BSc (Hons) MRICS Director

M: 07545 922 536 E: cbelton@archwaybc.co.uk

Chris is an enthusiastic, driven and dedicated individual who enjoys working in a diverse and challenging environment. Coming from a commercial property background in central London, he is experienced in providing tailored professional advice to commercial clients across a variety of property sectors. He specialises in delivering complex projects and heads up Archway Party Wall Surveyors.

For further details of Chris’ experience see his LinkedIn profile

Daniel Griggs BSc (Hons) MRICS Managing Director

M: 07553 989 902 E: dgriggs@archwaybc.co.uk

Daniel is a highly motivated, dynamic and experienced professional with a real passion for property. With nearly twenty years surveying experience, predominantly in the residential and education sector, he is an authority in the industry. Daniel has delivered talks at a number of events including the prestigious Homes Conference and regularly acts as an Expert Witness.

For further details of Daniel’s experience see his LinkedIn profile

Joe Bennett BSc (Hons) MRICS Director

M: 07817 381 638 E: jbennett@archwaybc.co.uk

Joe is an enthusiastic, personable and ambitious individual. He has a strong portfolio working on commercial and residential property, both in central London and nationwide. Joe’s background has given him a diverse and adaptable skill set. He is focused on providing an exceptional client service and delivering above and beyond expectations. He is commited to innovation and implementing technology to streamline party wall matters.

For further details of Joe’s experience see his LinkedIn profile

John Grabowski BSc (Hons) MRICS Director

M: 07534 964 166 E: jgrabowski@archwaybc.co.uk

John is a highly ambitious and experienced construction professional with expertise in overseeing diverse projects. With 15 years of industry experience, he excels in refurbishments, fit-outs, and new builds. Known for his professionalism and customer focus, John believes in collaborative work and ethical practices. He specializes in residential, education, and healthcare sectors, and has recently been involved in the Decarbonisation Retrofit program and cladding remediation projects. His broad experience enables him to deliver successful projects tailored to each client’s needs.

For further details of Joe’s experience see his LinkedIn profile

Why Choose Archway

Archway have a unique, modern and efficient approach to the Party Wall etc. Act 1996, which is often seen as a burdensome and administratively heavy process. This includes electronic communications, process management software and the use of technology to expedite the process to prevent delays to your project.

We adopt a solution focused approach to all party wall matters and can advise on all building works including extensions, loft conversions or new build commercial or residential developments in London. Party Wall procedures do not have to be complicated and we offer straight forward advice that is cost effective way.

We use electronic communications and technology to make the process as efficent as possible.

Building relationships with neighbours to make them feel at ease with proposed works.

Examine the works to foresee any risks. Be procative and push the process along

With over twenty five years experience working in construction sector in London advising professionals, businesses and individuals, we are extremely experienced in project design, specification and management. This expertise enables us to foresee issues and adapt designs to ensure that the party wall process is managed efficiently and prevent delays to building works.

Our stakeholders are extremely proud and satisfied with Archways first class delivery which has fallen in line with clients overall expectations.

Their technical astuteness and professional approach under challenging circumstances has assisted the client getting critical works back on track and ahead of schedule.

Michael Toussaint, Senior Project Manager Hammersmith & Fulham Council

How Archway Can Help

Building / Property Owner undertaking the works

Are you planning to undertake works to your property?

You may need to serve a Party Wall Notice. For free and impartial advice, please contact us now on 0203 960 7486 or 07545922536 or by email at: partywalls@archwaybc.co.uk

We will:

• Advise if your project triggers the requirements of the Act

• Provide clear advice and a fixed fee for ensuring you comply with the requirements of the Act

• Use technology and efficient processes to comply with the Act and prevent delays to your project

We have a unique and efficient approach to the Party Wall etc. Act 1996. This includes electronic communications, and technology to expedite the process, which enable us to navigate and conclude party wall matters in a fast and effective manner.

If you have any queries, please do not hesitate to contact our

Party Wall Surveying Lead:

Chris Belton MRICS (Director)

T: 07545 922 536

T: 0203 953 8503

E: cbelton@archwaybc.co.uk

Adjoining Owner (S)

property adjoining / nearby the construction works

You have been served with a Party Wall Notice

For free and impartial advice, please contact us now on 0203 960 7486 or 07545922536 or by email at: partywalls@archwaybc.co.uk

We will:

• Provide impartial advice on your options to respond to the notice

• Our fees will be met by the Building Owner from the proposed building works

• If your neighbour has started works and you have not been served with a notice, contact us for advice on what you may do next

We have a unique and efficient approach to the Party Wall etc. Act 1996. This includes electronic communications, and technology to expedite the process, which enable us to navigate and conclude party wall matters in a fast and effective manner.

If you have any queries, please do not hesitate to contact our

Party Wall Surveying Lead:

Chris Belton MRICS (Director)

T: 07545 922 536

T: 0203 953 8503

E: cbelton@archwaybc.co.uk

Use Of Technology

Drone & Telescopic Pole Camera Surveys

Archway Building Consultancy have experienced micro drone pilots and we often utilise drone technology and telescopic camera poles to access high level areas that would otherwise not be possible without scaffold access. This enables us to take clear photographic records of neighbouring properties which provides future protection, should there be a claim for damages from your neighbour.

Intelligent Software

The Party Wall process is very meticulous and has to be followed accurately to comply with the Party Wall Etc. Act 1996. This often involves several letters and notices being served and can take several weeks to get the relevant responses from the Adjoining Owners (neighbours).

Many surveying firms rely on hard copy letters and post which inevitably is a slow and laborious process. At Archway, we use an specialist software that allows Adjoining Owners to respond to notices electronically and instantaneously.

At the outset we also seek approval to comminate with the Adjoining Owners electronically. This means we can efficiently arrange inspection appointments and share information throughout the process. Our approach significantly speeds up the process which prevents delays to your project

Quicklinks

Click the subject links below

What is a Party Wall ‘Award’?

What Does The Party Wall Act Do?

What is a Party Wall?

What Type Of Work Does The Act Cover?

Section 1, 2, 6.1 & 6.2 Notices

Responsibilities Under The Act?

Timescale of the process?

Schedule of Condition = Protection

What’s included in a Party Wall ‘Award’?

Q&A for Building Owners

Q&A for Adjoining Owners

What Is A Party Wall ‘Award’

A Party Wall Award is a legal document, which sets out the rights and responsibilities of the Owner prompting the works (Building Owner), and legal owners of the adjacent, or nearby property (‘Adjoining Owner.’).

The Award is drafted by party wall Surveyors, or by a single ‘Agreed’ Surveyor. The Award describes the works to be carried out that are covered by the Party Wall etc Act 1996. It sets out the timing and manner of the proposed works and generally includes drawings and method statements to minimize the impact to the ‘Adjoining Owner’.

The ‘Building Owner’ is obliged to make good any damage that the party wall works causes to the Adjoining Property. A photographic and written schedule of condition is usually taken to record of the condition of the neighbouring property before any relevant works start. The schedule of condition then acts as a point of reference, should the party wall works cause damage and assessment of remedial works needs to be made.

What is The Party Wall etc. Act 1996?

The Party Wall etc. Act 1996 provides a framework for preventing and resolving disputes in relation to work to party walls, boundary walls and excavations near neighbouring buildings.

A Building Owner proposing to start work covered by the Act must give notice to ‘Adjoining Owners’ of their intentions in the way set out in the Act.

Failure to serve notice may result in an injunction to stop works on site

What Does The Party Wall Act Do?

Enables ‘Building owners’ to carry out works subject to conditions and following a legal process.

Enables ‘Adjoining owners’ to challenge works and ensure they are undertaken in a proper way with correct design works and insurances.

Gives a framework for preventing and resolving disputes to enable the ‘building owner’ to undertake the works even if the ‘adjoining owner’ objects.

Legally protects both owners should damages arise out of the works.

What is a Party Wall?

Boundary Line

A wall which seperates buildings belonging to different owners.

Party Structure

A wall and also floor / ceiling seperating buildings with seperate entrances.

Party Wall Fence

A wall which stands on the lands of different owners to seperate adjoining land. Such as garden wall.

Building Owner Adjoining Owner Boundry Line

What Type Of Work Does The Act Cover?

Section 2

Works to a Party Wall / Party Structures (such as cutting steel beams into the party wall for extensions or loft conversions)

Section 1

Construction of new walls up to or astride boundary line (such as extensions)

Section 6

Construction of new walls up to or astride boundary line (such as extensions)

Section 1

New walls

New wall constructed up to the line of the junction for the purpose of a new rear extension

Section 2

Adjoining Owner

Cutting into Party Wall (e.g. for Inserting Beams)

Cutting in new steel beam for extensions, creating open plan spaces or loft conversions

Building Owner Line of Junction

Section 6.1

Excavations (within 3 metres of Neighbours Property)

Excavation within 3 metres of an adjoining property and below the depth of their foundations

Section 6.2

Excavations (within 6 metres of Neighbours Property)

Excavation within 6 metres of an adjoining owner’s property and if any part of the excavation intersects with a plane drawn at a 45° angle from the bottom of Adjoining owner’s foundations (such as for basement or piling works)

Adjoining Owner Building Owner Basement

Responsibilities Under The Act?

‘Building Owner’ must inform ‘Adjoining Owner(s)’ in writing (Archway serve party wall notices)

Injunction can be issued by Adjoining Owners if not notified and works stopped on site

Work must not cause ‘unnecessary inconvenience’ (Archway agree reasonable working practices as part of the awards)

Timescsle and Process

14-day response period. Archway will issue a chaser letter after 8 days to ensure best chance of a positive response

14Days

1

Prepare notices and serve upon Adjoining Owners

2

Adjoining owners respond advising of appointed surveyor / Archway as Agreed Surveyor 3

If no response, Archway will appoint a surveyor on Adjoining Owner’s behalf (under section 10 4b)

4

3Days 10Days

If no response after 14 days, Archway prepare and serve 10-day notices, requiring Adjoining Owner to appoint a surveyor within 10 days or Building Owner may appoint one on their behalf

10- day notice period

Prepare draft awards and SoCs and issue to adjoining owner’s surveyors

6

7Days 21Days

5

14Days

Arrange inspections with Adjoining Owner’s surveyors /10 4b surveyors and undertake schedules of condition

7

Finalise and serve Party Wall Awards on both parties

8

7Days

Negotiate terms, prepare revised draft Awards as necessary and issue to Adjoining Owner’s surveyors

9

Notifiable works may start immediately and must be started within a maximum period of 12 months

Schedule Of Condition = Protection!

The schedule of condition records the condition of the neighbours property before the works start. This provides protection to both parties if damage occurs due to the works.

The schedule of condition can be referenced to assess what is new and what is old and allow surveyors to determine any costs that should be awarded.

What is a schedule of condition?

1. A photographic record

2. A written record

3. Undertaken before the works start

4. Highlights defects prior to work commencing

5. Record of fact that can be refered to should damages occur to the neighbouring property.

What’ included in a Party Wall ‘Award’?

Q&A - for building owners

I am planning building works on my property, do I need to consider the Party Wall Act or notify my neighbours?

Yes, if any of the following statements are true:

• You are doing work to an existing party wall or shared structure, including your chimney.

• You intend to build on, or close to, the boundary line.

• You intend to alter a party structure.

• You are excavating within 3 metres of a building or structure (depending on the depth of the foundations you may need to obtain specialist advice).

• You are building further away from a building or structure and excavation is required.

In the scenarios above, the Party Wall etc Act 1996 is likely to be triggered. You should appoint a Chartered Surveyor experienced in Party Wall matters to assist in this regard.

Are Party Wall Agreements mandatory?

If you are doing work to the party wall, it is strongly advised to provide the appropriate written notice to the adjoining owners / occupiers. This includes works affecting the floor or ceiling where you have someone living above or below your property (as applicable).

If you start work without your neighbours’ consent, your neighbours may take court action or seek other legal redress to stop the work. If you do not have a Party Wall Award and Schedule of Condition in place you may also be liable for claims for damages to your neighbour’s property which may not have been caused by the works to your property.

When do I need to appoint a Party Wall Surveyor?

You will need to appoint a Party Wall Surveyor at least 3 months before starting the proposed building work. It can take less time than this to complete the administration of the Party Wall Agreement, however this will allow plenty of time to be confident that all Party Wall procedures have been completed before works commence.

If you start works before the Party Wall Agreement has been completed and your neighbour objects to this, they could take you to court and stop the works from going ahead. The result of this is often very expensive, especially if you have already contracted a builder.

How much will it cost?

If you are the Building Owner, you can expect to cover the following costs in line with the Party Wall Act:

• The appointment of your Surveyor.

• The appointment of your neighbours’ Surveyor, should they wish to appoint one.

• Potential Structural Engineers’ fees

• The costs to rectify any damage caused to the neighbouring property as a result of your building works.

Who pays the Party Wall Surveyor’s fees?

The Building Owner will usually pay all costs associated with drawing up the Award. If the works are solely for the benefit of the Building Owner, this also includes the Adjoining Owner’s Surveyor fees. However, there are certain circumstances where the work is necessary due to defect or repair where the Surveyor may decide who pays the fees for drawing up the Award. This will be based on the responsibility of the defect / repair.

When does a Party Wall Award Expire?

A Party Wall Notice is valid for 12 months, therefore should not be served too far ahead of your planned start date. However, it is important to note that you must provide the Adjoining Owner with at least 2 months’ notice before any works start.

Can a Party Wall Notice or Award be applied retrospectively?

No, works involving a party wall can only commence once Notice of the works has been served, and written agreement from the Adjoining Owner has been received, meaning that a Party Wall Award is not normally applied retrospectively. Where works begin without consent, your neighbour could take you to court to stop the works and rectify any damage caused.

What is an Adjoining Owner?

An Adjoining Owner is anyone that will be affected by the party wall works and has an interest greater than a 12 month (year-to-year) tenancy in the neighbouring property. If the property is occupied by a long-term tenant or Leasehold owner, you will need to notify them as well as the Freehold owner.

Q&A - for building owners

How do I notify the Adjoining Owner(s)?

You will need to provide a written Notice, which can be delivered either personally or by post at least 2 months prior to the planned start date of the works.

The Notice needs to clearly state that it is a Notice under the provisions of the Party Wall Ace, and has to include your name and address, we well as the address of the works if this is different.

You will also need to provide a detailed plan of the proposed works, together with a project schedule, indicating how the works will affect the neighbouring property. An informal discussion with the Adjoining Owner(s) prior to serving the formal Notice may help the process along, as this provides an opportunity for any potential issues to be discussed and resolved prior to giving consent.

What happens after a Party Wall Notice has been served?

Once the Party Wall Notice has been served, the Adjoining Owner should respond in writing within 14 days. If the Adjoining Owner fails to respond within 14 days, this is considered as a Party Wall dispute. Should the Adjoining Owner require any amendments to the works plans, they should provide you with a counternotice detailing their requested alterations.

What if the Adjoining Owner does not consent to the works?

If an Adjoining Owner does not consent to the works, they will need to appoint a Surveyor to act on their behalf to negotiate the terms for the Award. They may seek to appoint the same Surveyor as the Building Owner, known as the Agreed Surveyor. Alternatively, they may wish to appoint their own Surveyor, known as the Adjoining Owner Surveyor.

What does a Party Wall Award cover?

A Party Wall Award will state the works to be carried out, as well as the terms that have been agreed regarding how the work is conducted, e.g. hours of work, health and safety legislations, environmental protection laws. The Party Wall Award will also include a Schedule of Condition report, documenting the condition of the high risk areas of the adjoining property prior to works commencing. This ensures that any damage caused by the works can be identified and made good once the works have completed.

Can I dispute a Party Wall Award?

According to the Party Wall etc Act 1996, the Party Wall award should resolve any dispute. However, if either party objects to its terms, they can raise an appeal within 14 days of the date of the Award at the County Court. It’s important to be aware that if the appeal is overturned, you may be liable for the Building Owner’s costs, as well as any costs resulting from delays to the work.

I have just found out that I need to serve Notice on an Adjoining Owner, but my construction has already started. Should I stop?

Yes. If you have not received consent from your Adjoining Owner(s) then your work should stop immediately. You could be penalised for any work already completed. If the work has not yet been completed, do not commence work until the required consent has been received to cover the remaining work.

Why should I appoint a Surveyor?

A Surveyor will help to protect your interests by preparing a Schedule of Condition. This records the condition of the areas likely to be affected by the works prior to works commencing, so that in the event of any damage being caused by the works, this can be made good without dispute. The Schedule of Condition protects both parties from unfair claims for remedial works.

The Surveyor will also negotiate the terms to be included within the Party Wall Award, such as working hours, access, safeguarding against damage, etc.

Can building work start before the Award is finalised?

No, any work covered by the Party Wall Act cannot commence until the Party Wall Award has been finalised and served.

If my neighbour consents, do we still get a Schedule of Condition?

If both parties are happy to proceed without a Schedule of Condition, works can commence without this. However, if either party would like for a Schedule of Condition to be carried out, this can be completed prior to commencing works. A schedule of Condition is always recommended, as it protects both parties from potential unfair claims for remedial works.

Q&A - for building owners

I have received a Party Wall Notice, what are my options as an Adjoining Owner?

Consent to the Notice

This option means that you agree to the proposed works without a Party Wall Award being required. You are still protected by the Party Wall etc Act 1996 should a dispute arise.

We always advise that if you Consent to the Notice, that you do so subject to a Schedule of Condition being undertaken, as this will record the condition of the affected Party Wall prior to the work commencing.

Dissent to the Notice

This option means that you would like a Party Wall Award to be agreed prior to works commencing. A Surveyor will need to be appointed to act on your behalf to agree the terms of the Party Wall Award. The Surveyor’s reasonable fees will normally be paid by the Building Owner.

If you dissent, you have two further options:

• Use the same Surveyor as the Building Owner (Agreed Surveyor)

•Appoint your own Surveyor (Adjoining Owner Surveyor)

Agreed Surveyor

If you choose to use the same Surveyor as the Building Owner, The Party Wall etc Act 1996 is devised in such a way that a Surveyor appointed by both parties is required to act impartially to administer the rights and duties of both owners.

Adjoining Owner Surveyor

You may prefer to appoint your own Surveyor to act of your behalf.

Dissenting to the Notice does not mean that you disagree with the proposed works, only that you would like a Party Wall Award to be agreed prior to works commencing. If you disagree with the proposed works, you should contact your Local Planning Authority. Not responding will not delay the proposed works.

Is there anything I can do about the construction noise coming from next door?

Unfortunately, as an Adjoining Owner / Occupier, you are expected to tolerate “reasonable disturbance”, however the Building Owner also has a responsibility

to conduct their works without causing unnecessary inconvenience. The works must be completed within the terms of the Party Wall Award as well as health and safety legislation, and environmental protection laws, pre-agreed working hours, machinery to be used etc. If you suffer a quantifiable loss as a result of such works, you may be eligible for compensation, e.g. if the affected property is a business and customers can no longer enter.

Who pays the Party Wall Surveyor’s fees?

The Building Owner will usually pay all costs associated with drawing up the Award. If the works are solely for the benefit of the Building Owner, this also includes the Adjoining Owner’s Surveyor fees.

However, there are certain circumstances where the work is necessary due to defect or repair where the Surveyor may decide who pays the fees for drawing up the Award. This will be based on the responsibility of the defect / repair.

Do I have to allow my neighbour’s contractors onto my property?

Yes, under the Party Wall Act an Adjoining Owner cannot prevent the works by denying access.

If work works cannot be completed any other way, you are required to grant access. However, the Building Owner must provide appropriate notice (normally 14 days), unless it is an emergency e.g. a burst pipe.

What can I do if my neighbour is building but hasn’t informed me about any work taking place?

Where major work is being undertaken that affects a party wall or adjoining structure, it is a legal requirement for the Building Owner to seek consent from the Adjoining Owner.

If Notice of the works has not been provided, you may wish to take action to stop the works. This involves applying for an injunction from the County Court. It is important to take legal advice before taking this step, as if the judge finds that the Building Owner is not acting unlawfully you may be liable for any costs incurred as a result of the injunction, including the Building Owner’s legal fees and

Archway

Head of Reinvestment - Optivo