Understanding what a Party Wall is and serving a Party Wall Notice is essential if you are planning to undertake building work on a property that will affect and impact a shared boundary or neighbouring structure.

Taking on the excitement of construction work to your property is fuelled with passion, adrenaline and anticipation. Along the journey you will have to make difficult decisions and will be presented with issues that need resolving so it is important to make the process as smooth and seamless as possible.

If you live in a property with a shared boundary, or close to a neighbouring structure it is critical that you make your neighbours aware of your proposed construction work to prevent misunderstandings, encourage a strong relationship with cooperation, and to make sure you are being legally compliant with the Party Wall Act. In this post, we explore in detail some essential party wall advice that is required for building owners.

What is a Party Wall and Why Does It Matter?

Essentially, a party wall is a shared wall or boundary or structure between two properties. These are mainly found in terraced and or semi-detached properties, but this isn’t exclusive. If building work is taking place within a property that impacts the Party Wall or neighbouring structure, like an extension, a renovation or loft conversion, it can affect both properties structurally and legally.

This is why it’s essential to follow the Party Wall Act, which requires you to notify your neighbour (s) of any planned notifiable building and construction work. If you choose to not do this then it can lead to a dispute regarding the work and therefore causing potential delays or a financial implication. If a Party Wall Notice is not served, it could mean that the Building Owner is in breach of the Act as he or she has a legal obligation to issue Party Wall Notices if the proposed works intended are in fact notifiable under the Act.

Understanding Your Responsibilities as a Building Owner

As a building owner, if you are planning to undertake some construction work to your property that will affect a shared boundary or neighbouring structure, you have legal obligations to adhere to under the Party Wall Act 1996. The Party Wall Act is there to protect all parties involved and you are required by law to serve a party wall notice to the adjoining property owners, giving them ample time and an opportunity to consent and or dissent and raise a dispute.

To comply with legal regulations, while a Building Owner(s) can serve Line of Junction Notices and Notices of Adjacent Excavation one month before the work commences, they have to serve Party Structure Notices two months before, unless express consent is granted by the Adjoining Owner. If you do not serve these notices in accordance with the Act this can lead to disputes arising, delays in your project and build, potential cost implication and even legal action via an injunction.

When and How to Serve a Party Wall Notice

Party Structure Notices must be served two months before any work begins. Notices of Adjacent Excavation and Line of Junction Notices must be served at least one month before any work starts.

  • Names and addresses of both legal property owners
  • A detailed description of the work to be undertaken
  • The relevant sections of the Party Wall Act the work falls under
  • The date the notice is served and a proposed start date of the work
  • Details of the appointed Surveyor (if appointed)
  • Contact details of Surveyors or legal owners serving notice
  • A proposed foundation detail including dimensions – required only for Notices of Adjacent Excavation

One of the aims of instructing a Party Wall Surveyor is to make sure that all relevant parties are informed of the proposed construction work that is to take place, they all understand the scale and scope of the work and that they clearly understand the process. Neighbours should feel comfortable asking questions or seeking any clarification they need. The aim is to inform others, avoid disputes and have a successful building project.

The Role of a Party Wall Surveyor

If you find yourself in a position where you are in a Party Wall matter or dispute because of building work that you are undertaking on your home; or if you are affected by
neighbouring building works; working with a Party Wall Surveyor is vital. Once a Party Wall Notice has been served (assuming you served your own notices) the surveyor steps in and makes sure that the rights of both parties are protected and safeguarded.

It is the responsibility of the surveyor to understand and assess the proposed work, inspect the party wall in question or parts of the Adjoining Owners property that could be affected by the
notifiable work and to make sure that both parties have clear channels of communication and share their concerns. A Party Wall Surveyor in Chingford is instrumental in the creation of a Party Wall Award (also known as a Party Wall Agreement) which is the legally binding document that outlines the rights and obligations of each party in relation to the notifiable work. The purpose of an Award is to prevent misunderstandings and discrepancies.

Here at The Party Wall Guru, we have a team of experienced Chartered Surveyors who can assist you and manage the entire process for you; making sure that you are compliant and fully informed at every step. We will handle all necessary communications, ensuring your rights are protected while building a positive relationship with your neighbours throughout the project.

Do you Own a Building with a Shared Boundary Wall?

If you are a building owner with a shared boundary wall, understanding what your responsibilities are regarding the wall is crucial. This is even more prevalent if you wish to undertake building work on your property that may or will affect the shared boundary wall. To summarise this post; some key points to consider include;

  • Notifying your neighbours before any construction begins
  • Serving a Party Wall Notice to outline your proposed work
  • Adhering to all legal procedures as failure to do so can lead to disputes or costly delays and a breach in your legal obligations as a Building Owner
  • Instruct a Party Wall Surveyor to make sure all parties’ rights are protected and that you are compliant

The Party Wall Guru are experts in shared boundaries, with a knowledgeable and experienced team who are here to offer expert guidance on party wall regulations and the process involved. Please call 0208 058 9883 to speak to our experts and to find out more information.