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.