Party Wall Notices FAQ's
I do not share a party wall with my neighbour. I am building an extension on my own land - do I still need to serve a "party wall notice"?
The Party Wall Act does not only deal with shared party walls. Any excavation (required for most types of new foundations) within three metres of any structure on an adjoining property may require you to notify your neighbours under the Party Wall Act. If your excavation will be to a lower level than your neighbour's existing foundations, which is usually the case with older properties, then a "party wall notice" will be required.
Why is your online "party wall notice" service so inexpensive compared with prices I've been quoted elsewhere?
We have invested in developing our custom software to ensure that we are able to work efficiently, thereby keeping our prices very low for the service that we offer. As we often produce more party wall notices in a week than some surveyors would produce in an entire year we can provide an exceptionally high quality service to our online customers without charging premium rates.
I have received a "party wall notice". How should I respond?
This is one of the questions most commonly asked of party wall surveyors.
The majority of adjoining neighbours will either request a "party wall award" or a "party wall agreement".
The main difference between the two options is that with a "party wall award" both you and your neighbour must appoint party wall surveyors who will look into the proposed works in detail, making recommendations and requesting further information from designers where necessary. A "party wall agreement" is simply agreed between neighbours and so surveyors do not become involved in the process unless a schedule of condition is undertaken. Generally a party wall award will be much more thorough and detailed than an agreement. If you object to the work, wish to propose changes to the scheme, or just require a surveyor to safeguard your interests then a "party wall award" is the most suitable choice.
A party wall agreement is only suitable where you agree to the work proceeding without the need to appoint a surveyor. Generally an agreement would only be used for quite simple domestic extension projects as more complex work would usually be best dealt with by party wall surveyors. An agreement can be useful where you are happy to consent to the work but would like a written agreement setting out how the work is to be carried out, the procedure for putting right any damage, and any other necessary safeguards.
I have received a "party wall notice" – I don’t know whether it is valid. What should I do next?
We are always happy to offer our opinion on the validity of party wall notices at no cost - please contact us for advice. If you decide that you would like to request a "party wall award" and for one of our party wall surveyors to act on your behalf we will arrange for a simple form to be sent to you straight away by post, email or fax. You will then need to complete the form and send it back to us with all of the documents (including any drawings) your neighbour may have given you. Your party wall surveyor will then deal with the party wall notice on your behalf. If you do not want to appoint party wall surveyors then you should ask your neighbour to give you a "party wall agreement" to sign. This agreement will outline what works are going to take place, how they will be carried out, and what will happen in the event of there being any disagreements or damage occurring.
My neighbour has started works subject to the Party Wall Act 1996 already or has told me that he/she is going to start such works shortly. I have not had a "party wall notice" yet - what should I do next?
Even if you do not intend on appointing a party wall surveyor, it is important that your neighbour gives you a "party wall notice". Without a valid "party wall notice" the works may take place contrary to the legal provisions of the Party Wall Act. If you have serious concerns that work may be starting without party wall notice being served then you should speak to one of our advisors.
I have received a letter from the council - is this anything to do with Party Wall Act?
No. Your local authority will not become involved in party wall related matters, nor will they serve a "party wall notice" on behalf of your neighbours. Your neighbour will need to serve you with a party wall notice themselves or provide you with a "party wall agreement".
Vincent-Brown & Associates Limited do not provide advice on the suitability of any template for a particular usage or circumstance.