The Party Wall etc. Act 1996 is intended to enable property works to take place whilst protecting adjoining owners. The obligation is on the owner who wishes to undertake works to notify his neighbours in writing of what is proposed. When applicable the Act provides statutory procedures for appointing surveyors who resolve matters by way of a ‘party wall award‘. An award lists the format that the persons undertaking the work are required to adopt. It does not allow an adjoining owner to stop someone exercising their rights to conduct work under the Act, however, it does ensure that the works are performed in such a manner that protects the adjoining owners’ interests.
Free Party Wall AdviceOnce you serve a , the has three options to respond. Their decision will dictate the next steps in the process and may affect your project’s timeline and cost.
If your neighbour consents in writing within 14 days, you can proceed with the work without the need for surveyors or a Party Wall Award.
What this means for you:
Best Case Scenario: If your neighbour is happy with your plans and confident in your approach, this is the fastest and most cost-effective option.
If your neighbour dissents but agrees to use a single, impartial surveyor, a Party Wall Award will be put in place to formally outline the work and its impact.
What this means for you:
Best for: Ensuring legal protection while keeping costs and delays to a minimum.
If your neighbour dissents and chooses their own surveyor, you must also appoint your own. The two surveyors will negotiate and issue a Party Wall Award, and if they cannot agree, a third surveyor will be brought in.
What this means for you:
Best for: Situations where concerns about the work require independent representation.
To ensure the legal validity of your Party Wall Notice service, the Notice must be served using one of the following methods
Delivering the Party Wall Notice in person is the preferred approach, as it allows you to maintain a friendly and open dialogue with your neighbor while ensuring they receive the notice directly. This personal touch can help foster cooperation and reduce the likelihood of disputes.
Sending the Party Wall Notice by post is the most commonly used method. To ensure legal compliance, always obtain proof of postage, as this will be essential if your neighbour does not respond within the required timeframe.
Serving the Party Wall Notice by email is becoming increasingly common. However, ensure that the Adjoining Owner has explicitly agreed to receive the notice in this format to avoid any disputes over validity.
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If your neighbour does not respond within 14 days, they are automatically deemed to have dissented. In this case:
Tip for Building Owners: To encourage a quick and smooth resolution, consider discussing the notice with your neighbour before serving it. A well-informed and reassured neighbour is more likely to consent or agree to a single surveyor, saving both parties time and money.
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