Frequently Asked Questions

Grey & Associates specialise in the Party Wall Act, including serving notices, Schedules of Condition (surveys), negotiating Awards and offering free advice to home owners and architects. We provide expert advice and guidance on party wall matters.

A party wall is a wall shared by two adjacent properties, often dividing the properties. The Party Wall etc. Act 1996 governs the rights and responsibilities of property owners in relation to these walls.

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The Act is legislation that provides a framework for preventing and resolving disputes regarding party walls, boundary walls, and excavations near neighbouring buildings.

Technically there is no such thing as a party wall agreement. You may consent or dissent to notice(s) which have been served. If you dissent both parties will need to appoint surveyor(s) and the surveyor(s) will agree/negotiate and serve an Award. It is this Award that is often referred to as a party wall agreement. Notice needs to be served when you are planning to carry out building work on or near a party wall or boundary or excavating within 3m of, and lower than a structure owned by or shared with a neighbour.

Serving a party wall notice involves informing your neighbours in writing about your planned works. This must be done at least two months before the work starts. There are specific things that need to be included in a notice which the Government Explanatory Guide does not make reference to. It is for this reason that almost all notices served by home owners are incorrect and invalid.

If a neighbour disagrees they can dissent, leading to the appointment of a party wall surveyor to resolve the dispute. It is important to note that providing the proposed works comply with any planning requirements your neighbour cannot prevent the works from taking place. Depending on your design it does sometimes happen that minor changes need to be made to the design.

A party wall surveyor is a specialist who helps resolve disputes under the Party Wall etc. Act 1996. They ensure that the rights of both parties are protected during construction work.

Disputes are resolved through the appointment of one or more party wall surveyors who will agree an Award outlining the work and how it should proceed.

A party wall Award includes the details of the proposed works, conditions for carrying out the works, and who pays for the work along with the rights and responsibilities of both the Building Owner (person carrying out the works) and the Adjoining Owner (the neighbour).

The Act aims to prevent and resolve disputes related to party walls, boundary walls, and excavations near neighbouring buildings.

The Act covers new building on the boundary line, work to an existing party wall or party structure, and excavation near neighbouring properties.

For most works, you need to give at least two months' notice. For excavation work and building on or astride the Line of Junction (boundary), at least one month's notice is required.

The notice should include the Building Owner's and Adjoining Owner's names and addresses, details of the work proposed which trigger the Act, and the start date.

You have the right to carry out certain works, but you must notify your neighbour and, if necessary, take steps to protect their property.

You must either make good the damage caused or compensate your neighbour for any damage caused by the works.

Your neighbour can dissent to the notice but, with one exception, they cannot refuse your notice. If you are proposing to build a new party wall astride the boundary you need their explicit consent which they can refuse. In this situation you can still build the wall but it will need to be wholly on your own land.

Consult a professional party wall surveyor to ensure compliance and to help resolve any disputes.

When surveyors are first appointed the first thing they must do is to agree on the selection of a Third Surveyor who will act as a judge after the two surveyors refer the disputed matter(s) to him. They will both make submissions, the Third Surveyor will ask questions to clarify the matters in dispute and then make his determination in the form of an Award.

The Building Owner undertaking the work usually pays the surveyors' fees unless agreed otherwise.

Expenses can include costs for making good any damage, securing the adjoining property, and any other necessary protective measures, Security for Expenses and a contribution for making use of a party wall constructed by a neighbour.

Yes, the Act allows you to access your neighbour's property to carry out works, provided you give proper notice and take steps to minimize disruption.

If your neighbour refuses access you will need your surveyor to speak to the police and explain to them that they are required to accompany you, your contractor and/or your surveyor to force access. We have experience with this situation but it is very rare.

Consult a party wall surveyor to ensure compliance with the Act and to help manage the process smoothly.

A copy of the Act is available on our Party Wall Act page.

Contact us to ensure compliance and to help resolve any disputes.