When do I have to serve a Party Wall Notice?


The law governing Party Walls is called the Party Wall etc Act 1996
 
In summary, it lists 3 areas where this Act is applicable, and follow each link for an example case: 
  • Section 6 - Adjacent Excavation: where your building is within 3 or 6 metres of your neighbour's building and you wish to dig down to below the level of your neighbour's foundations to construct new foundations or drainage
 so...

if you are intending to carry out one or more of the above you need to let your neighbour know the details.  This is usually done by a Party Wall Notice 
 

Who Prepares the Notice and what Information is Required

A Party Wall Notice has no set format although there are standard forms available

The important thing is that the notice is addressed to the neighbour by name

It must include details of the propsed works and what sections of the Act apply.  Drawings should accompany the Notice and if you are forming new foundations the depth of the foundations must be shown

A neighbour generally has 14 days to respond to a Notice

The Notice should be served by a surveyor conversant with the Act although it is not a requirement of the Act.  The surveyor serving the Notice then becomes know as the "Building Owner's Surveyor"

"......very pleased with the service and the manner in which it was conducted....." 

What Happens After the Party Wall Notice has been Served? 


Once a Notice has been served the, your neighbour has three options:
 
Option 1 - they can simply agree to you carrying out the works; or
 
Option 2 - they can agree to the same Party Wall Surveyor acting for both sides.  The surveyor then becomes know as the "Agreed Surveyor"; or
 
Option 3 - they can appoint their own Party Wall Surveyor who then becomes know as the Adjoining Owner's Surveyor

In almost all circumstances the person serving the Party Wall Notice (the Building Owner) pays all surveyors' fees including the Agreed Surveyor's and the Adjoining Owner's Surveyor's


The role of the Agreed Surveyor or the Adjoining Owner's Surveyor is:
  • to review the design to ensure only works permitted under the Act are carried out   
  • to review the design and ensure any works will not affect the neighbour's building
  • to inspect the neighbour's side of the Party Wall and agree a Schedule of Condition which is a written document and series of photos of the Party Wall. After the works are complete the Party Wall Surveyor will re-check the the Schedule of Condition and if any cracks or other damage has occured as a result of the neighbour's works, you will have to pay to have them repaired
 

Fees

In most cases, the person who serves the Party Wall Notice is responsible for paying all surveyors' fees

We charge from £625 no VAT for acting as Building Owner's Surveyor or Agreed Surveyor. 

Follow this link to see our full services when acting as Agreed Surveyor or Building Owner's Surveyor

Once agreed the fee is fixed 

We don’t charge VAT - so that's a saving

CWC PARTY WALLS chartered surveyors

106B Greenford Avenue, London W7 3QS         email: PartyWallsWestLondon@gmail.com

 Tel: 07432 848 438