Party Wall Surveyors in East Anglia

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Essentially, the Party Wall Act 1996 safeguards all relevant parties when notifiable works are carried out. This important legislation sets out and imposes responsibilities and rights to the relevant Owners, ensuring that all Party Wall matters are addressed appropriately. If works are deemed notifiable under the Act, it is the responsibility of the Building Owner to serve valid Notice on all Adjoining Owners. East Anglia surveyors often assist in this process to ensure compliance with the Act.

The most common works requiring Notice include:

- The construction of a free-standing wall on or astride the boundary with a neighbouring property.

- The demolition of and/or rebuilding of a party wall.

- Increasing the height or thickness of a party wall.

- Insertion of a damp proof course to a party wall, which encompasses both chemical injection and physical methods of insertion.

- Cutting into the party wall to insert load-bearing beams, etc.

- Underpinning a party wall.

- Excavations within 3 metres of a neighbouring building to a level lower than the bottom of the foundations of the neighbouring building.

- Excavations within 6 metres of a neighbouring building to a level below a line drawn 45° downwards from the bottom of the foundations of the neighbouring building.

Certain works, however, may be considered too minor to require Notice under the Party Wall Act. These works might include:

- Drilling into a party wall to fix plugs and screws for ordinary wall units or shelving.

- Cutting into a party wall to add or replace recessed electric wiring and sockets.

- Removing old plaster and replastering.

Whether or not Notice will be required depends on whether the planned work may affect the structural strength or support of the party wall, or whether it is likely that damage will occur to the Adjoining Owner’s side of the wall.

Before starting any relevant works, the Building Owner must serve a Notice on the Adjoining Owner to carry out specified notifiable works as outlined in the Party Wall Act 1996. The type of Notice required will depend on the nature of the proposed works. For those in East Anglia, consulting with experienced East Anglia Surveyors can provide guidance on this process.

There are three types of Notice:

1. Construction of a free-standing wall on or astride the boundary with a neighboring property. This falls under Section 1 of the Party Wall Act 1996 and is known as a Line of Junction Notice.

2. Repairs or works to an existing party wall or party structure, or construction against such a structure. This encompasses actions like underpinning a party wall, removing chimney breasts from a party wall, or cutting into a party wall to insert beams. This is covered by Section 2 of the Party Wall Act 1996 and is referred to as a Party Structure Notice. It's important to note that shared floors and ceilings of flats are also classified as party structures under the Act, making it crucial to address these Party Wall Matters appropriately.

3. Excavating near a neighboring building is addressed under Section 6 of the Party Wall Act 1996 and is known as a 3/6 Metre Notice.

The Notice period for these Notices ranges from one to two months, depending on the specifics of the works. Once served, the Notices remain valid for one year.

Building Owner

A Building Owner is the party that proposes the notifiable works under the Party Wall Act. Typically, the Building Owner is responsible for all reasonable fees associated with preparing and agreeing on a relevant Party Wall Award. For those seeking guidance, East Anglia Surveyors can provide valuable insights into these processes.

Adjoining Owner

An Adjoining Owner is anyone with an interest in a neighbouring property that exceeds 12 months. This can include both Freehold and Long Leasehold Owners. In cases where there is more than one Adjoining Owner, it is the responsibility of the Building Owner to ensure that valid Notice is served on all Adjoining Owners to address any Party Wall Matters appropriately.

If you receive a Notice from your neighbour regarding Party Wall matters, you essentially have three options: 

1. Agree to the works in writing. In this case, an Award will not be produced, and you won't need to appoint East Anglia Surveyors, as the matter is not considered to be in dispute.

2. Dissent to the Notices in writing. This means the matter is considered to be in dispute, invoking the Party Wall Act 1996. You can then either appoint your own Surveyor or choose one 'Agreed Surveyor' who will act on behalf of both you and your neighbour.

3. Do nothing. The Notice will allow 14 days for you to formally respond. Once this period has expired, the matter is deemed to be in dispute. At this point, the Building Owner or their representative will serve a 10 Day Notice. If you do not respond to this Notice within 10 days, the Building Owner then has the right to appoint a Surveyor on your behalf under Section 10(4)(b) of the Act.

It is standard practice for East Anglia surveyors to prepare a Schedule of Condition of the Adjoining Owner’s property prior to the commencement of the works under the Party Wall Act. This Schedule will serve as a photographic and descriptive record of the areas considered likely to be affected by the notifiable works and will be appended to the subsequent Party Wall Award, which addresses various party wall matters. This can then be referred to in the event that damage is caused by the works.

Under the Party Wall Act, a Surveyor can be anyone who is not involved in the relevant matter or project. Therefore, Owners may appoint almost anyone as their Surveyor, but they cannot act on their own behalf. It is recommended, however, that East Anglia Surveyors with relevant experience be appointed to ensure that all Party Wall Matters are handled in a reasoned and professional manner. The role of a Party Wall Surveyor is statutory and must remain strictly impartial.

The responsibilities of the Appointed Surveyor/s include making a Party Wall Award, which will:

Set out the work to be carried out.

Detail when and how the work will be executed.

Outline any necessary additional works relating to the protection of the Adjoining Owner’s property, where applicable.

Include a Schedule of Condition, which will serve as a photographic and descriptive record of areas of the Adjoining Owner’s property likely to be affected, taken before the commencement of the notifiable works.

Detail and allow access for the Surveyor/s to inspect the works, as may be necessary, to ensure compliance with the specifics of the Award.

Surveyor’s fees can vary widely depending on the individual or organization, including East Anglia surveyors. Our fees may be quoted as a fixed amount or calculated on an hourly basis, based on your preference. For more information on our services related to Party Wall Act and other party wall matters, please contact us for a no-obligation quote.

Once the Award is completed, signed, and served, each Owner has 14 days to appeal its content in a County Court if they disagree with the content or believe that it has been produced incorrectly. It is essential for Owners, especially in East Anglia where Surveyors are frequently involved in Party Wall Matters, to be aware that an unsuccessful appeal against an Award in a County Court may result in an Award against themselves. Therefore, seeking legal advice before making any appeal is highly recommended. If an Award is not appealed within the 14-day period, it becomes final and binding.

For more guidance on Party Wall Matters, please click the links below, which include resources from East Anglia Surveyors and information related to the Party Wall Act:  

https://www.rics.org/consumer-guides/partywalls  

https://www.legislation.gov.uk/ukpga/1996/40/contents  

https://www.property-care.org/media/unvnlhub/partywallguidancenote_feb23_web.pdf