Birmingham Party Wall Surveyors
Easton Bevins has a team of party wall surveyors covering Birmingham, with extensive expertise in managing projects governed by the Party Wall Act.
If you're planning to undertake work on a party wall, party structure, or boundary wall in Birmingham or its surroundings, or if you've received a party wall works notice from a neighbour and need guidance, we're here to help.
Our skilled surveyors will navigate you through the process, ensuring all work complies with the Act. We also specialise in swiftly resolving any issues that may arise, ensuring minimal disruption.
For expert advice and support relating to the Party Wall Act:
Call 0121 817 7670, email or complete
our enquiry form.
Party Wall Act
The Party Wall etc Act 1996 was created to help prevent or resolve disagreements relating to work carried out on party walls and boundary walls, and excavations done near a neighbour’s building.
You can download the Government's explanatory booklet for further information.
Download booklet
The Party Wall Act requires that you give the adjoining owner notice of any party wall work. If you do not serve notice, you will have no legal rights to do the work. Similarly, if you require use of your neighbour’s land or any part of their property – for example to put up scaffolding – you will need to acquire the right to do this under the act.
Although sometimes viewed as unnecessary red tape, serving notice is required by law. It can also provide advantages which you do not get with the common law position, such as access for implementing the work.
In some instances, you may be able to oblige the neighbour to contribute towards the cost of the works, for example if it is a shared wall that is in poor condition.
But fundamentally it is designed to be useful for both parties, allowing the person doing the work to get the work done, and protecting the neighbour from unnecessary inconvenience and damage. It does not have to be complicated; if you get consent, you can get on with the work; if there is a dispute it can be resolved quickly and easily by putting the right paperwork in place.
Party wall disputes v. boundary disputes
Party wall disputes are sometimes confused with boundary disputes but the two are very different.
Find out more about party wall disputes:
Read more
Boundary disputes have recently become a more common occurrence in Birmingham probably due to the increase in property prices and land values.
If you think that someone has encroached on your land, that would be classified as a boundary dispute and cannot be dealt with under the Party Wall Act. Easton Bevins has boundary experts specialising in this complex area. We can also provide expert witness services if required.
Find out more about boundary disputes:
Read More
the process
Stage 1
If you are planning work on an existing party wall you need to give two months’ notice. If you are planning on excavating or building a new wall at the line of junction you need to give one month’s notice.
If you do not give notice your neighbour has the right to serve an injunction which will stop all work while a resolution is reached.
Stage 2
Once notice has been given, your neighbour will have three options.
i) consent to the works
ii) dissent to the works and you both agree to appoint one surveyor to act for both parties to resolve the matter
iii) dissent to the works and appoint their own party wall surveyor, so a separate surveyor working for each party
Stage 3
If the neighbour does not consent, The Party Wall Act considers this to be a party wall dispute which must be resolved by way of a party wall award.
The party wall award is a legal document that governs certain aspects of the works such as timings, working hours, and potentially detail of the works.
Pre-works condition schedule
A pre-works condition schedule is required as part of a party wall award, and is considered good practice even in the event of consent. The schedule provides a record that can be referred back to in case of any damage during the works and serves to protect both parties - the person doing the work and the neighbour.
A party wall award is legally binding, however both sides will have 14 days to appeal the award in the County Court.
