How should homeowners handle party wall matters?

Party wall matters are best handled early, calmly and professionally.
 

A homeowner planning building work should not treat party wall notices as a hostile act. The notice procedure is there to avoid disputes, not create them. Many neighbour problems begin because the adjoining owner first hears about the work from builders arriving on site.

 

Speak to neighbours early

It is usually sensible to speak to neighbours before notices arrive.
 

A simple conversation can make a big difference. Homeowners can explain what they are planning, when they hope to start, what the work involves and that formal notices may follow if required.
 

This does not remove the need for proper notices, but it can reduce surprise and anxiety.

 

Get the right information ready

Party wall advice is easier when the project information is clear.
 

Useful information may include:
 

• existing and proposed drawings;

• structural drawings or calculations;

• foundation details;

• excavation depths;

• sections through proposed foundations;

• construction method;

• start date expectations;

• neighbour property information;

• ownership details;

• access requirements.
   

For extensions and loft conversions, party wall surveyors often need enough technical information to understand exactly what works are proposed.

 

Do not confuse planning permission with party wall approval

Planning permission and party wall procedures are different.
 

Planning permission deals with whether the development is acceptable in planning terms.
 

Building Regulations deal with technical compliance, structure, fire safety, insulation, drainage and other building standards.
 

Party wall procedures deal with certain works affecting shared walls, boundaries and nearby excavations.
 

One does not automatically replace the other.

 

Who normally pays the party wall surveyor?

Where the works are being carried out for the benefit of the building owner, the building owner will usually be responsible for reasonable party wall surveyor fees.
 

This may include the adjoining owner’s surveyor fees where the adjoining owner dissents and appoints their own surveyor.
 

However, fees should be reasonable and proportionate to the work involved.

 

Can a homeowner serve notices themselves?

A homeowner can sometimes serve party wall notices themselves, but mistakes can cause delay.
 

Problems can arise if the wrong notice is served, the wrong owner is notified, the notice period is wrong, the plans are unclear, the work description is insufficient or the notice is invalid.
 

For simple projects, some homeowners may be comfortable serving notices themselves. For extensions, loft conversions, boundary works, excavations or neighbour-sensitive projects, many homeowners prefer professional help.

 

What happens if work starts without notices?

Starting notifiable work without following the party wall procedure can create serious problems.
 

The adjoining owner may seek to stop the work, disputes may escalate, and the homeowner may lose some of the protection the party wall process is designed to provide.
 

If party wall matters have been missed, advice should be taken quickly before the work progresses further.

 

Party Wall Surveyor Checklist

Before starting work, think about:
 

• whether the project affects a shared wall;

• whether work is proposed on or near the boundary;

• whether new foundations are close to neighbouring buildings;

• whether excavation will be deeper than neighbouring foundations;

• whether steel beams will be inserted into a party wall;

• whether a chimney breast is being removed;

• whether a loft conversion affects a party wall;

• whether neighbours have been spoken to informally;

• whether the correct notices are needed;

• whether the adjoining owners have been correctly identified;

• whether drawings and structural details are available;

• whether a schedule of condition is advisable;

• whether surveyor appointments may be needed;

• whether the programme allows enough time for the process;

• whether party wall costs have been included in the project budget.
  
   

Frequently Asked Questions About Party Wall Surveyors
 

What is a party wall surveyor?

A party wall surveyor is a person appointed under the Party Wall etc. Act 1996 to deal with disputes or deemed disputes between neighbouring owners where notifiable works are proposed.
 

When do I need a party wall surveyor?

You may need a party wall surveyor if your neighbour dissents to a party wall notice, does not respond, or if the proposed work needs to be dealt with formally under the Act.
 

Do I need a party wall surveyor for an extension?

You may need party wall notices and possibly a party wall surveyor if the extension involves building on or near a boundary, excavating close to neighbouring buildings or affecting a shared wall.
 

Do I need a party wall surveyor for a loft conversion?

Many loft conversions in terraced or semi-detached homes require party wall notices because of steel beams, structural work and works to or near party walls.
 

Do I need a party wall surveyor if I have planning permission?

Planning permission does not remove party wall obligations. Planning, Building Regulations and party wall procedures are separate.
 

Can my neighbour stop my building work under the Party Wall Act?

The Act is not designed to let neighbours stop lawful works simply because they dislike them. It provides a process for notifying, agreeing and controlling how certain works are carried out.
 

What is a party wall award?

A party wall award is a legal document prepared by the surveyor or surveyors. It sets out what work may be carried out, how and when it may be carried out, and the protections or conditions that apply.
 

What is a schedule of condition?

A schedule of condition records the relevant condition of the adjoining owner’s property before work starts. It can help resolve later arguments about whether damage was pre-existing or caused by the works.
 

Who pays party wall surveyor fees?

The building owner carrying out the works will usually pay the reasonable surveyor fees where the work is for their benefit. The position can vary where works benefit both owners or where additional matters arise.
 

Can I use one surveyor for both sides?

Yes, both owners can appoint one agreed surveyor if they are comfortable doing so. The agreed surveyor must act impartially under the Act.
 

Can I act as my own party wall surveyor?

If a dispute has arisen, the building owner cannot act as their own surveyor. A surveyor must be appointed under the Act.
 

What happens if my neighbour ignores the notice?

If the adjoining owner does not respond within the required period, a dispute may be deemed to have arisen and the surveyor process may need to continue.
 

Is a party wall agreement the same as a party wall award?

People often use the phrase “party wall agreement” generally. A party wall award is the formal legal document made by the surveyor or surveyors where there is a dispute or deemed dispute under the Act.
 

Should I deal with party wall matters before appointing a builder?

It is often sensible to check party wall requirements before confirming a build start date. Builders may need to know whether notices, awards or access arrangements are in place before work begins.
 

Need Party Wall Support?

APN Home helps homeowners understand the type of support they may need for home improvement projects, including extensions, loft conversions, garage conversions, structural alterations, chimney breast removals, basement works and works near neighbouring property.
 

If your project may involve a shared wall, boundary work or excavations close to a neighbour, it is worth checking the party wall position early so the correct process can be followed before work starts.
 

Tell us about your project and APN Home can help you understand the next sensible step.