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    What is Party Wall?

    The Party Wall etc Act 1996 (the Act) protects property owners from their neighbours’ works by establishing how work should be undertaken, right and restrictions on the work itself and by providing compensation when damage occurs.

    If you are a neighbour to the works you are technically referred to as an ‘Adjoining Owner’ whereas the neighbour undertaking the works is referred to at a ‘Building Owner’

    Adjoining Owners might be concerned about how the  Building Owner’s work will impact their property structurally, the hours work is permitted and how it will affect them living next door to a construction site.

    The following works will typically fall under the Act:

    • Rear/Side Kitchen Extensions
    • Loft Conversions
    • Basement Excavations
    • Chimney Breast removal
    • Internal Remodelling

    There are 3 categories of work under the Act. Section 1: new walls on boundaries, Section 2: work to a party wall and/or Section 6: Excavation within 3m and to a depth lower than Adjoining Owner’s foundations.

    The process is started by the service of a notice under 1 or more of these sections, typically accompanied by a package of drawings.

    How the Adjoining Owner proceeds will depend on the nature of the work, the risk that it poses to their property and how the work will affect them during the build. A straight forward loft or rear extension set well back from your boundary would be considered minor, whereas multiple extensions and internal remodelling and basement excavations would be considered major.

    When notice is served the Adjoining Owner has 3 options. It is worth noting that they are not consenting or dissenting to the proposals themselves, (objections need to be made to the Council’s planning department) as this is the slightly confusing language chosen by the Act.

    Option 1: Consent
    No further action is taken (usually only selected when work is very minor or remote). It is still recommended that a Schedule of Condition is undertaken which will protect both owners in the event of a damage claim.

    Option 2: Dissent and appoint a joint ‘Agreed’ surveyor
    Recommended when work, whilst not minor may still have a number of complex issues, the neighbours are on good terms and the Adjoining Owner is comfortable for one impartial surveyor to act for both sides.

    Option 3: Dissent and appoint a surveyor of the Adjoining Owner’s choice
    Recommended when work is more major and there are more complex issues. The cost of appointing a surveyor to act solely for the Adjoining Owner is borne by the Building Owner who will have to appoint their own surveyor.

    Under the Act all reasonable fees incurred by the Adjoining Owner are paid for by the Building Owner (there are very limited circumstances where the Adjoining Owner would incur fees).

    Protection & Rights

    One of the most important protections for both the Building Owner and the Adjoining Owner will be the schedule of condition which records the condition of the Adjoining Owner’s property prior to work commencing in high resolution photos and a detailed written report. As the most common form of damage from work is cracking to painted plaster, even the most hairline of cracks is documented.

    Where a surveyor has been appointed under options 2 or 3, they will return once work is complete to ‘check off’ the report and compare before and after.

    If damage has been caused by the Building Owner’s notifiable works the Adjoining Owner can either have the Building Owner’s contractor undertake repairs or receive a payment and instruct a contractor of their one of your choice.

    Before work can start, a Party Wall Award must be agreed and served on both Owners. The surveyor(s) will review the proposed works and include clauses that limit their impact on you the Adjoining Owner and their property whilst allowing the Building Owner’s works to be undertaken in a practical and time efficient manner.

    At its most basic level the Act gives the Building Owner the right to execute their work on the basis they comply with the terms of the Award. On a more complex level, the Act can allow access rights onto neighbouring land if it is deemed reasonable.

    The most common example is the construction of the flank wall of a rear extension up to the boundary where there is currently a fence. Access onto the Adjoining Owner’s land is advantageous to the contractor as it can because it can be built easier and quicker with the work typically shielded behind a timber hoarding to protect the Adjoining Owner.

    This can typically include:

    • Working hours
    • No part of their property to cross the boundary
    • No power tools on the party wall
    • Hoarding to shield you from work on the boundary
    • Physical protections to vulnerable parts of your property such as windows

    On more risky projects you can request that a sum of money is set aside (technically called security for expenses) and on basement excavations, a specialist engineer can be instructed to review the proposals, adding further layers of protection.

    Why should I instruct Carter Fielding?

    Did you know that anyone can be a party wall surveyor without any qualifications or experience and pay to advertise at the top of Google’s searches? Many of our competitors have been running for less than a few years and will offer low prices with low quality services to match.

    Carter Fielding has been around for almost 30 years covering the London M25 area. Our 20 strong team includes 8 qualified RICS surveyors with over 100 years of party wall experience between them. We are also members of the Faculty of Party Wall Surveyors who provide up to the minute training and set standards for our industry.

    The images you see on our site are of our real employees, not stock images of models posing as surveyors. We pride ourselves on delivering a high-quality service with excellent support and straight forward, honest communication.

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      What Our Clients Say

      David Reed

      Excellent communication by initial letter and, following that, on telephone with James. Clear, friendly professional advice. Took time to understand our enquiry and helped us to understand the process and our action plan. Answered all of our questions and added supplementary things to consider as well. Was the exemplary friendly, professional who was never ‘pushy’. We would recommend this truly professional practice without hesitation.

      Ashley Abrahams

      ********** 10 Stars! Excellent, I can thoroughly recommend CF! Justin Burns was professional, and reassuring throughout the process!

      Will Day

      Great service from Justin Burns in dealing with and updating a party wall agreement inherited when purchasing a house, responsive throughout the building works and provided sound advice and support when issues arose.

       

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        FAQ's

        I’ve not been served notice. How do I know if Party Wall applies?

        Work to a party wall, a new wall on the boundary and excavation within 3m will trigger the Act but if you are not sure, please call or email and one of our team can review your neighbour’s plans and confirm.

        Should I appoint my own surveyor rather than have an agreed surveyor?

        A party wall surveyor should undertake their role impartially regardless of who they act for, but it is generally accepted that for more complex projects that two heads are better than one. When two surveyors are appointed, they select a third surveyor who can be called upon if they cannot a agree on a matter. Property owners can also make referrals to the third surveyor where there are two surveyors but this is not available with a singular agreed surveyor role.

        Can my neighbour make use of the wall of my extension?

        If the flank wall to your extension is a party wall (50/50 on the boundary) then yes they can, providing they make an ‘enclosure cost payment’ equal to 50% of today’s build cost. Surveyors typically use up to date measured rates but can cross reference these with contactor’s quotes.

        My neighbour wishes to build over the boundary. Can they?

        No. Walls can their foundations be built right up to the boundary but can only go further with your agreement. If you plan to build your own extension in the near future then, it is worth considering agreeing to a party wall, 50/50 on the boundary as that would give you the right to build off of it (subject to an enclosure cost).

        Work has already started, and I have not been served notice. What can I do?

        If work has started but is not complete, firmly ask your neighbour to stop to allow party wall notices to be served and the Act followed. If the answer is no, then your only resort is a Court Injunction for which you should seek the advice of a specialist solicitor.

        If work is complete, the Act cannot be invoked retrospectively.