Party Wall Surveying

With expertise in managing projects that fall under the Party Wall Act, The Structure Studio can ensure that work conforms to the rules of the Act and swiftly address issues that may arise, helping avoid unnecessary delays to the work and provide a framework to resolve any potential damage claims.

If you are looking to carry out work on a party wall, party structure, or boundary wall at a property in Bath, London and the South of England, or if you have been served notice of party wall works by a neighbour and are not sure what to do next, we can help.

Our experienced surveyors will guide you through each step of the process, making sure all work is compliant with the Act.

The Party Wall Etc Act 1996

The Act was created to help prevent or resolve disagreements relating to work carried out on party walls and boundary walls, and excavations near a neighbour’s building.The Party Wall Act requires you to notify adjoining property owners of any work affecting a shared wall. Without serving notice, you do not have legal rights to proceed with the work. Likewise, if you need access to a neighbour’s land or property, such as to set up scaffolding, you’ll need permission under the Act.

Though sometimes seen as an added layer of bureaucracy, serving notice is legally required and can actually benefit you. It offers certain protections not available under common law, including access rights to carry out necessary work.

In some cases, you may be entitled to request a contribution from a neighbour towards the cost of work, particularly if it involves a shared wall in poor condition.

The Act is designed to be of benefit to both parties, allowing work to proceed while protecting neighbours from undue disturbance or damage. With consent, work can begin immediately, and if a dispute arises, it can usually be quickly and easily resolved by having the right paperwork in place.

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:

Consent to the works
Dissent to the works and you both agree to appoint one party wall surveyor to act for both parties to resolve the matter
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, this is considered to be a party wall dispute which must be resolved by way of a party wall award.

What is a party wall award?
This 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 the 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.

A party wall award is legally binding, however both sides will have 14 days to appeal the award in the County Court.

Party Wall Advice for Bath Property Developers

The Party Wall Act applies to property developers expanding or repurposing buildings next to existing structures, and when constructing new developments close to neighbours.

Notice must also be served on any site where building work is happening within three metres of a neighbouring property, and this requirement may extend to six metres for particularly deep foundations or basements.

Our London and Bath-based party wall surveyors can work with property developers to evaluate and manage any implications related to the Party Wall Act for their projects.

We provide expert advice to help ensure compliance. Developers can simply send us their plans for review so that we can oversee the entire process on their behalf.

Complying with the Party Wall Rules

There is now a far greater awareness of the Party Wall Act, and more established building contractors understand the importance of complying with the rules of the act.

Anyone applying for planning permission will be reminded to check whether the act applies to their project. Unfortunately, smaller building projects, carried out under permitted development, often don’t require planning permission so there is no reminder.

Also, there can be a perception that the Act is an unnecessary obstruction and some contractors carrying out smaller works either do not understand the act, or simply do not see it as relevant or necessary. This puts projects and people at risk.

Frequently Asked Questions

What to do if a neighbour starts work on a party wall without serving notice

Often a good first option is to politely point out the oversight and ask them to stop work, and serve notice. This usually achieves the desired result.

What to do if a neighbour carries on with the work without an agreement

If this does not work, you can apply for an injunction. An injunction means work must stop, and can delay a project by anything from one month to six months, or more. If a builder has already started work, they may continue to charge throughout the delay. Also, if any damage has been caused, fines may be incurred.

Get professional advice before things escalate

Getting a third party professional involved can help take the emotion out of a situation. Remember, the Act is to everyone’s advantage and in our experience, in the majority of cases a resolution is reached without the need for costly legal battles.

Get Expert Party Wall Advice

If you are planning any work that falls under the Party Wall Act, or have been served notice of works by a neighbour and are not sure what to do next, our expert party wall surveyors can help.

We have extensive experience of assisting Bath homeowners, neighbours, and property developers with their party wall requirements.

No matter the situation, professional advice from our expert surveyors will help ensure compliance with the regulations of the act. In the event of a dispute, it can typically be resolved quickly and easily.