Party Wall Matters

Typically, you will have been sent a Notice which may underline either ‘consent’ or ‘dissent’ to the works. This sounds like you can prevent works going ahead – but it doesn’t. If you ‘consent’ then the work will proceed without any checks under the Act. We always recommend that adjoining owners dissent to the Notices as this will ensure you will have the protection of the Party Wall Act rather than relying on a personal claim if things go wrong. When you dissent you need to appoint a surveyor to help you along the way in this process. This can be the same surveyor, since the surveyor has to be impartial under the Act, effectively working for the best interests of the wall – something that may not be easy if the surveyor is also the designer

Your neighbour is required to pay all of the surveyor’s reasonable costs so it should cost you nothing. After this, your property will be inspected by the surveyor(s) and its condition recorded. Then a Party Wall Award document is issued detailing the works and also any precautions that might need to be taken to protect your property. The works then go ahead and your property is inspected on completion to check for any damage. If there is damage, then you have the choice of letting their contractor put it right or taking compensation instead.

The Party Wall Act The Party Wall etc Act 1996 provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.

A building owner proposing to start work covered by the Act must give adjoining owners notice of their intentions in the way set down in the Act. Adjoining owners can agree or disagree with what is proposed.

Where they disagree, the Act provides a mechanism for resolving disputes.
The Act is separate from obtaining planning permission or building regulations approval.