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.