Party Wall

We can be appointed to act as independent and impartial surveyors for ‘Building Owners’ and ‘Adjoining Owners’ with respect to matters arising under Act.

If you are a 'Building Owner'  intending to carry out works that may affect adjoining properties it is important to consult a party wall surveyor at the design stage, especially for more complex and extensive projects. A party wall surveyor will confirm if any notices are required and ensure that they are accurate and correctly served on the ‘Adjoining Owner’.

If you are an ‘Adjoining Owner’ in receipt of a statutory notice, we can provide comprehensive advice and act as your appointed surveyor if required.

Notices are likely to be necessary if the proposed work includes any alterations to a ‘party structure’. This is defined as a wall or floor that separates two dwellings or plots of land under separate ownership; or if it is intended to excavate near a boundary or neighbouring property. Outlined below are the principal circumstances where this might arise.

• If a ‘Building Owner’ wishes to construct a new wall to stand astride the line of boundary between two properties, a Line of Junction Notice must be served under Section 1 of the Act.
• If changes are proposed to an existing party wall, party fence wall or party floor structure, a Party Structure Notice must be served under Section 2(2) of the Act. Such changes include underpinning, raising, repairing, rebuilding or cutting into the structure. Cutting off projections from an ‘Adjoining Owner’s’ wall that projects beyond the line of boundary or cutting into their wall for flashings also requires this notice to be served.
• Under Section 6(1) if a ‘Building Owner’ excavates within three metres and to a lower depth than the foundations of an ‘Adjoining Owner’ a Notice of Adjacent Excavation must be served. This usually arises in connection with excavations for foundations or the forming of a basement. If the excavations are particularly deep, it may be necessary to serve notice on additional properties under Section 6(2).

After notices have been served, if a dispute arises, the two owners may concur in the appointment of an ‘Agreed Surveyor’ or they may choose to appoint their own surveyor. A Party Wall Award will then be drawn up by the surveyor(s) and served on the owners. This document outlines the rights and obligations of each party, the extent and methodology of the works and any other relevant matters, including timescales and costs.

If you are proposing to undertake works that include any of the above or you wish to discuss any aspects of your planned project, our surveyors would be pleased to advise you accordingly.