The Party Wall etc Act 1996 covers all properties within England and Wales and governs 3 particular types of construction work.

  • Works directly to a Party Wall or Party Structure

    Building on or up to a boundary shared with another property

  • Excavations within 3m or 6m to a depth lower than the adjoining owner’s (the neighbour’s) foundations

    Work on an existing wall, floor or ceiling structure shared with another property

  • New walls built up to, or astride, the line of junction

    Excavating within 6 meters of neighbouring building or structure.

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Party Wall etc. Act 1996

If your construction work falls within the scope of the Act. It is your legal obligation to serve the required statutory notice on all those defined in the Act as adjoining owners. (neighbours effected by the works) You are required to serve the Party Wall Notice a minimum of one month prior to commencing works, however if the works are of a structural nature you will be required to serve the Party Wall Notice a minimum of two months prior to commencing works

Party Wall Notice Options

Once your Party Wall Notice is served the adjoining owner will have three response options:

  • Consent to the Party Wall Notice

    Consent to the Party Wall Notice

    This means that the adjoining owner reserves the protections of the Party Wall etc Act 1996, allowing the you (building owner) to commence with your proposed work.

  • Dissent and appoint a Party Wall Surveyor to act on my behalf

    Dissent and appoint a Party Wall Surveyor to act on my behalf

    When adjoining owner’s dissent to Party Wall Notice’s they are invoking the formalities and protections set out by the Party Wall etc Act 1996. Choosing to appoint their own Party Wall Surveyor, will make you (building owner) duty-bound to appoint a Party Wall Surveyor, the two appointed Party Wall Surveyors will follow the required procedures and agree a Party Wall Award legally protecting both owners.

  • Dissent and appoint an Agreed Party Wall Surveyor

    Dissent and appoint an Agreed Party Wall Surveyor

    This option mirrors the second Party Wall Notice response. The only difference being, one Party Wall Surveyor acts impartially on behalf of both yourself (building owner) and the adjoining owner.

Party Wall Surveyors Role

  • Party Wall Initial Review by Icon Surveyor

    Initial Review

    Your Icon Party Wall Surveyor initial review, will look at the listed documents below, and how they will interact with any adjoining owner’s properties.

    • Land Registry Title Deeds and Plans.
    • Existing and Proposed Architectural/Structural Drawings.
    • Construction Method Statements.
    • Structural Calculations
    • Party Wall Notices (if applicable)
    • Review and or issue a letter of appointment
    • Issue Party Wall Notices (if applicable)
  • Schedule Of Condition Inspection

    Schedule Of Condition Inspection

    Your experienced and qualified Icon Surveyor will visit your property prior to your neighbours, construction work commencing. We will accommodate ourselves with the lay of the land, thus ensuring that we have taken all aspects the Building Owner’s construction works and risk into account. Whilst on site we record a detailed document ensuring we have clear concise photographic evidence, of your property. This will then form part of your Party Wall Award, providing both yourself and the Building Owner with full legal protection if damage is caused.

  • Party Wall Award

    Party Wall Award
    (Legally Binding Document)

    Upon completion of the two previous steps, we will be in a position to undertake a full review of the works, taking into account any associated risk. We will then proceed in agreeing your Party Wall Award, this will include:

    • Work Scope.
    • Protective clauses that your contractors will need to adhere to.
    • Protective Construction methods, for your neighbours contractors to adhere too in specific high-risk areas of their work.
    • Implemented procedures if the construction works cause damage to your property.
    • Working hours , for the Party Wall Notifiable construction works.
    • Access provisions for the contractors, within your land or airspace.
    • Variations to the construction works post, Party Wall Award service.
    • Procedures, in the event you are due compensation.
  • Post Work Inspection

    Post Work Inspection

    Once the construction works are complete, your Icon surveyor will visit the neighbouring property and insure that, no changes or damage has occurred as a result of the works. This inspection is commonly known as a Check off Inspection. If there has been damage to a property, Icon will assist, ensuring it is repaired by the contractor, or the neighbour is compensated for the repair costs. The Building Owner, would bear these costs.

Team Qualifications

FAQ

How do I start Party Wall Surveying procedures?

Party Wall Surveying procedures start upon service of a Party Wall Notice. This Notice will need to be served a minimum of 1 or 2 months in advance to the proposed works commencing, however, here at Icon Surveyors, we advise serving the Party Wall Notices as soon as possible.

Party Wall Notices can be served directly by a Building Owner however, we recommend a Party Wall Surveyor serves them, this will ensure the legal validity and avoid delay down the line. This also confirms to the neighbour that professionals are involved, and will make it more likely to get agreement.

In most circumstances, the Building Owner will pay for the Party Wall Surveyor’s reasonable fees.

There are some scenarios the Party Wall Surveyor’s / Surveyors’ costs may be apportioned between both the Building Owner and Adjoining Owner.

We advise discussing fees with your Party Wall Surveyor in advance of instruction this will ensure you are fully informed.

Here at Icon Surveyors our Party Wall Surveying costs are fixed.

The time to complete Party Wall Surveying Procedures can vary depending upon a number of different variables including:

  • The construction works.
  • Party Wall Notice, response times.
  • Access being granted, to undertake Schedule of Condition Report.
  • Party Wall Surveyors handling the file
  • Surveyors agreement to clauses within the Party Wall Award

Generally speaking, 1 – 3 months from the point at which the Party Wall Notices are served upon the Adjoining Owner.

Party Wall Surveying costs / Surveyor’s fees will vary dependent on the construction works taking place as well as the types of property the works are being undertaken on.

Here at Icon Surveyors, both our Building Owner Party Wall Surveyor and Agreed Party Wall Surveyor jobs are competitively priced at a fixed cost.