The Party Wall etc Act 1996 – What is covered?

Who is an adjoining owner

The person or company who owns the adjoining property to the planned building works.
You could be the freeholder, leaseholder/occupier with an interest of more than 1 year or a contracted purchaser.

Received a party wall notice

If your neighbour carrying out the building works has served a written notice together with an acknowledgement notice, it should allow you 14 days to reply and generally give you three options where you chose one in your reply-.

.Consent to the notice – No surveyor
No party wall award required.

Dissent to the notice – Choose their Agreed Surveyor or insert details of your own preferred Agreed Surveyor. One single surveyor acting for both parties.
A party wall award is required.

Dissent to the notices – Choose your own Surveyor
A party wall award is required

Please note if the three options are not listed in the notice and you are not sure or require advice, then do contact us.

Consent to the Notice

This means you do not require a surveyor or party wall Award at the outset and your neighbour can simply proceed with the notifiable building works. We usually recommend at the very least you insist on an independent photographic schedule of condition of your property to be carried out, before the building works start.

Dissent to the Notice

A party wall award is required.

A single surveyor acts for both owners as the Agreed Surveyor and makes and served the Award on the Parties.

Some owners have a concern over a conflict of interest arising, however the Agreed Surveyor’s role is impartial with a duty to the Act only. There is no client relationship in this role. The benefit of this option is the Building Owner carrying out the works, only has to pay one surveyor instead of two and the award can be completed quickly.

It is worth noting there is no selection of a standby Third Surveyor as the one Agreed Surveyor will determine all. It would make sense to appoint a member of the Royal institution of chartered surveyors.

Do contact us if you need further clarification or require an Agreed Surveyor of your choice.

Dissent to the Notice and appoint your own Surveyor

Each party chooses their own surveyor. The two Surveyors will agree the method statements together with the rights and obligations.

The costs of your Surveyor under normal circumstances will be paid by the Building Owner carrying out the works. The two surveyors select a standby Third Surveyor who is in the background and only called upon in certain circumstances, such as where the two Surveyors or parties do not agree.

You surveyor reviews the drawings, checks the proposals in relation to your property and carries out a joint schedule of condition. The Award will comprise of several clauses including authorised, work, the manner, timings are completed, rectification of damage, fees and compensation. The final agreed Award document is sent to you before the works start

Do contact us – if you need further clarification or require a surveyor.

We can provide a same day service, if you are an adjoining owner and received a written notice or 10 days’ letter requesting you to appoint a surveyor.