Party Wall Surveying

The Party Wall etc. Act 1996 was introduced to govern disputes between property owners that share a party wall. A party wall is a wall shared by two properties. Where a dispute has arisen a Party Wall Award is drawn up between the two parties.

Work which is typically covered by the Party Wall etc. Act 1996 includes:

• Work on a wall, floor or ceiling shared with another property
• Building on the boundary with another property
• Excavating within 3 or 6 metres of an adjoining building dependant on the depth of your foundations

The Building Owner

If you are planning work which is likely to constitute a party wall matter you must make the adjoining owner aware of your plans. This should be in the form of a formal written notice and is generally served two months' prior to commencement of the work if the works affect a structure built over the boundary line (i.e. a party wall or party fence wall) or one month in the case of excavation works or work on your own land, along the boundary line (line of junction) between the two properties.

The adjoining owner then has the right to appoint a surveyor of their choice to complete a schedule of condition on their property prior to the work commencing and again after the completion of the works. This is used to record any defects that may have occurred as a result of the works. The schedule will also protect you against bogus claims from your neighbour. You must bear the cost of both yours and your neighbour's surveyor.

The document which is drawn up between the two parties is called a Party Wall Award and is a legally binding document. As well as the schedule of condition it will contain drawings of the planned works and guidelines on other matters such as permissible working hours and protective measures required.

The two parties may agree to use a single independent surveyor called an agreed surveyor, which can significantly reduce costs to the building owner.

The Adjoining Owner

The first point at which you become aware of your neighbour's plans may be when a formal written notice from their representative drops through your door. When you receive such a notice you should seek advice before signing a consent form and possibly waiving your legal rights.

The notice should offer you the opportunity to instruct a surveyor to record the condition of your property both before the work commences and again on completion. These records will be used if a defect comes to light which may be attributable to the party wall work. The building owner must normally pay the costs of your surveyor.