Party Wall Surveyor

Evans Jones team include specialist Party Wall Surveyors with more than 15 years experience of the Party Wall Act and thus we are able to give you clear, cost effective and impartial advice to guide you through your obligations under the Act.

What is a Party Wall?

In simple terms a party wall sits astride a boundary to land belonging to two or more different owners and forms part of a building on one or both properties.

A wall which sits astride the boundary but does not form part of a building is a Party Fence Wall for the purposes of the Party Wall Act.

The term Party Structure is also used in the Act. A floor structure separating flats is one example of a Party Structure.

When does the Party Wall Act apply?

The Party Wall Act will apply when:

• Various works are completed to an existing Party Wall or Party Structure
• New buildings or structures are erected up to or sat astride the boundary line
• Excavations are completed up to 6 metres of a structure on a neighbouring property which have the potential to undermine the foundations of that structure

So the Party Wall Act applies to my works, what do I do now?

If the Act applies you will be obliged to serve a Party Wall Notice on your neighbour, setting out details of the works at hand and providing key information such as plans, proposed commencement dates etc. In the case of adjacent excavations you may need to provide specialist details of foundations.

You will be obliged to give your neighbours between 1 and 2 months notice of commencement of work depending on which section of the Act applies.

What happens if my neighbour objects to my Party Wall Notice?

The Party Wall Act gives you the right to complete various types of work on or around the boundary line so provided your works are covered by the Act your neighbour’s objection cannot stop you going ahead but will mean that you are obliged to follow the Dispute procedure set out under Section 10 of the Act.

This requires you to appoint a Party Wall Surveyor to act on your behalf. Your neighbour has the right to appoint their own surveyor or they may agree in the appointment of a single ‘Agreed’ surveyor. Where two surveyors are appointed they will agree on the appointment of a third surveyor to adjudicate/referee where the two surveyors cannot agree.

The Party Wall Surveyors (or Surveyor) prepare the Party Wall Award (often referred to as a Party Wall Agreement) which sets out the rights and obligations of both parties and includes a Schedule of Condition of the neighbouring property to record its condition before works start.

What is a Party Wall Agreement?

The Party Wall Agreement (correct term Award) is a written document prepared by the Party Wall Surveyors detailing the rights and obligations of the owners. The contents are agreed by the Party Wall Surveyors and upon completion the Agreement is served on the owners.

This is a legally binding document which can be enforced by the County Court where necessary.

Why should I choose Evans Jones as my Party Wall Surveyor?

Evans Jones team of Chartered Building Surveyors have been working with the Act since its inception in 1996. You will be dealt with by a specialist Party Wall Surveyor with experience of all aspects of the Act who can advise you simply and clearly how best to meet your obligations under the Act.

For further advice please download the Communities and Local Goverment Party Wall Act (1996)

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