Building Owners

Here we will provide you with everything you need to know about the Party Wall Act, party wall notices, and how our Chartered Surveyors and party wall specialists in Kent, Thanet, Folkestone and London can help.

Who is the building owner?

Under the Party Wall Act, the word “owner” includes the person(s), company or other body who:

Holds the freehold title
Holds a leasehold title for a period exceeding one year
Is under contract to purchase such a freehold or leasehold title

Under the Party Wall Act, the building owner is the party wishing to do party wall work.

What works fall within the scope of the Party Wall Act?

The following work is in scope of the Party Wall etc. Act 1996:

Most work on an existing party wall or party structure shared with another property (Section 2 of the Act).
Most work on a shared garden wall (Section 2 of the Act).
Building a free-standing wall on the boundary with a neighbouring property (Section 1 of the Act).
Building a party wall astride the boundary with a neighbouring property (Section 1 of the Act).
Most excavations within 3m of a neighbouring or an adjacent building (Section 6 of the Act).

When do I need a party wall surveyor?

If you’re planning work that requires party wall notices to be served, you may need a party wall surveyor. You can serve your own notices, but it’s essential that these are correct. With this in mind, we suggest using a party wall surveyor to make sure they are right.

You’ll definitely need a party wall surveyor if the adjoining owners do not respond within 14 days or dissent from the notice. In this case, a party wall award will need to be drafted professionally. You cannot act as your own party wall surveyor or draw up an award yourself – the act says a surveyor ‘means any person not being a party to the matter.’

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How can Collier Stevens help?

Our party wall surveyors in Kent can prepare and serve valid party wall notices and liaise with neighbours on your behalf.

Where a neighbour does not agree to the party wall works, we can act on your behalf, working with another appointed surveyor for the adjoining owner, or as an agreed survey for both parties. A party wall award will need to be made. This is a document which:

Sets out the work that will be carried out.
Says when and how the work is to be carried out.
Specifies any additional work required (e.g. to prevent damage).
Usually contains a schedule of condition of the adjoining property before the work begins so that any damage to the adjoining land or buildings can be properly attributed and made good.
Allows access for the surveyor to inspect the works while they’re going on to see that they are in accordance with the award.

Serving a party wall notice

If you are carrying out work that falls within the Act, you must serve party wall notices to all affected neighbours to avoid the risk of legal action being taken against you for proceeding with work unlawfully. This might include an injunction stopping the works until the party wall procedure is completed.

The party wall notice period should give you time to receive consent from adjoining owners, and to resolve any disputes that might arise before the date you plan to do the work. The party wall act says that for work on a party wall or structure, you MUST give your neighbour two months notice and for excavations and work on a boundary one month’s notice.

If your work is straightforward, you might be able to serve your own party wall notice. Although you can send a letter stating what you plan to do, the Party Wall Act is specific about the information that must be given and so standard forms are usually used.

We have a free party wall notice template that you can download. Make sure you get the information on the notice correct, otherwise the notices will not be valid and any agreements or consents will also not be valid. Incorrect notices can cause huge and expensive problems. For this reason, we advise using a professional party wall surveyor to prepare the notices.

Once you have served the notice, the adjoining owner has 14 days to respond from the date of delivery of the party wall notice (we recommend recorded delivery). You cannot serve a notice by email without the prior written approval of the adjoining owner. They must reply in writing and either agree to the work or dissent from the work.

If an adjoining owner consents to the work, you must start it within 12 months of the date of the notice. If there is an Award, you should usually start work within 12 months of the date of the Award.

Issues that can arise when serving party wall notice

Remember that the party wall process is a statutory process, and it is essential that the provisions of the legislation are followed correctly. This is expected by the Court who have no powers to vary the law:

Serving notices incorrectly. If a notice is invalid you will need to start again, which may cause unexpected delays to your project. The risk of this can be reduced by using a party wall notice template, but the risk can be avoided if you use a party wall surveyor like Collier Stevens.
Your neighbour doesn’t respond within 14 days (deemed dissents).
The adjoining owner(s) may insist on a party wall award being prepared. If the planned work is authorised by the Party Wall Act, your neighbour cannot refuse.

In the case of dissent, or your neighbour requesting a party wall award, you (the building owner), and the adjoining owner will each need to appoint a party wall surveyor to draw up the award between them.

Alternatively, both parties can agree to what the Party Wall Act calls an ‘agreed surveyor’ to draw up a ‘party wall award’. This is one surveyor acting for both sides. It is the quickest and most cost-effective way of getting an Award in place and works well where the work is straightforward, not contentious, and the parties get along.

In all cases, surveyors appointed to negotiate and prepare an award or party wall agreement must behave impartially and consider the interests of both neighbours. They do not act as advocates for each side.

Building owners’ rights under the Party Wall Act

The Act grants rights to a building owner who wishes to carry out work to an existing party wall. The Act provides additional rights beyond ordinary common law rights, helping to avoid disputes and preventing adjoining owners from any malicious intent.

The various sections of the Act list what work can be done, but party wall notices must be served. The most commonly used rights are:

Right to repair a party wall.
To underpin the whole thickness of a party wall to cut into a party wall to take the bearing of a beam (for example, for a loft conversion).
To raise the height of a party wall (for example, adding another storey).
To extend a party wall downwards (for example, to form a basement).
To demolish and rebuild a party wall (for example, if it is structurally defective).
To underpin the whole thickness of a party wall (for example, to form a basement).
To cut off projections from a party wall (or from an adjoining owner’s boundary or external wall), if necessary to build a new wall adjacent to that wall (for example, removing a chimney breast).
Build up to an on the boundary line.
Excavate within 3m and deeper than existing foundations.

A neighbour cannot refuse any of these works, but they can insist on a party wall award being prepared.

FAQs

What is a party wall notice?

A party wall notice is a legal document that advises an adjoining owner of planned work that falls under the Party Wall Act.

How do I serve a party wall notice?

Make sure the work falls under the Party Wall Act.
Complete one of our templates, or get in touch with us to write the notice on your behalf.
Deliver the notice to all adjoining owners, whether above or below or at either side of your property.
Allow 14 days for the adjoining owners to respond. If after 14 days there is dissent, then you will need to appoint a surveyor to draft a party wall award.
Once you have a party wall award (or agreement from your adjoining owner/s), work can commence.

How long is a party wall notice valid for?

When do I serve a party wall notice?

The party wall act says that for work on a party wall or structure you MUST give your neighbour two months notice and for excavations and work on a boundary one month’s notice.

When is a party wall notice required?

A party wall notice is required if you’re intending to carry out building work which involves any of the following:

Work on an existing wall or structure shared with another property.
Building a free-standing wall on the boundary with a neighbouring property.
Building a party wall astride the boundary with a neighbouring property.
Excavating near an adjacent building.

For more information, take a look at our Party Wall Act guidance.

Get in touch for party wall support

Party wall advice for building owners is available from Collier Steven Chartered Surveyors. We are experienced RICS-chartered surveyors, with party wall specialists in London, party wall surveyors in Folkestone and party wall surveyors in Kent. We provide clear, practical advice and regulated expertise to building owners.

From party wall notices to awards, our team ensures every step complies with the Party Wall etc. Act 1996.

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