Party Wall Surveyors
Easton Bevins surveyors have expertise in dealing with projects that fall under the Party Wall Act. We help ensure that work conforms to the rules of the act and resolve any issues that might occur with minimum fuss.
Anyone wanting to carry out work on a party wall, party structure or boundary wall must give the adjoining owner notice. If they do not serve notice they will have no legal rights to do the work.
Similarly, if the person planning notifiable works requires use of the neighbour’s land or any part of their property – such as to erect scaffolding – they will need to acquire rights under the act.
If you are planning any party wall work, or have been served notice of party wall works by a neighbour and are not sure what to do next, our expert surveyors can help.
For expert advice and support relating to the Act, including party wall disputes:
Call 0117 942 7876, email or complete
our enquiry form.
The Party Wall Act 1996
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
Although sometimes viewed as unnecessary red tape, serving notice is required by law if you want to carry out work on a party wall, party structure or boundary.
Serving notice 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.
If you have any questions about party walls, view our frequently asked questions or get in touch with one of our expert surveyors today.
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 become a more common occurrence in recent times 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
party wall act - 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 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.
What is a party wall award?
The 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.
An award is legally binding, however both sides will have 14 days to appeal the award in the County Court.
