Party wall disputes? Here are some advices: What is not covered by the Act? The Act relates only to certain specific types of work and is permissive in nature. It should not be seen as a method of objecting to or preventing works and it is not intended to be applied to minor jobs that do not affect the structural integrity or loading of a party wall. It is generally agreed that works such as fixing plug sockets, screwing in shelving or replastering walls are minor works and do not require a notice. Notices: The workings of the Act are always instigated by the of issuing notices. This is the first stage of the process and, without the issue of valid notices, no further action can be taken under the provision of the Act. Written notice must be served on adjoining owners at least two months before starting any party wall works (one month for works to the line of junction or excavations). All adjoining owners must be served a notice and there are likely to be instances where there is more than one adjoining property and more than one owner of each property (ie: if the adjoining property is split into flats and owned on a leasehold basis, notices will be required to both leaseholder and freeholder of all flats affected by the works). Works to a party wall, or those affecting a ceiling or floor, will also require a notice to adjoining owners living above or below.

Some works are considered too minor to require the process of notification. Anderton Gables can advise you on which notices are required, which properties need to be notified, and can serve the notices on your behalf. Your neighbour or ‘Adjoining Owner’ can either agree to the works as proposed in the notice, or disagree. If they decide to disagree, or do not respond Party Wall Surveyor(s) will become involved and draw up a Party Wall Award which states how the work should be done and the responsibilities of the various parties involved. The adjoining owner can insist on appointing their own surveyor in addition to your surveyor; however, all party wall surveyors must act impartially, in the interest of protecting all stakeholders and enabling the works to be undertaken. Unfortunately the cost of all party wall surveyors fees usually will be payable by the building owner proposing the work.

What often happens is that your neighbour neither consents in writing nor dissents but just ignores your notice. This is fairly common in situations where the adjoining property is tenanted or converted into flats. The Act states that if your neighbour does not consent within 14 days they are deemed to have dissented and must appoint a surveyor. This is problematic as a neighbour who has ignored your notice is unlikely to then spring in to action and appoint a surveyor and the Act recognises this and provides a solution; you must follow-up your original notice with a reminder letter giving your neighbour a further 10 days to make an appointment following which you can appoint a surveyor on their behalf.

At Home Heroes we provide a professional service, we are very competitively priced and you can be sure you award will be handled by qualified and experienced Party Wall Surveyors. We are a small company with a dedicated and qualified team of building surveyors on Party Wall Matters. We can deal with all types of project no matter how complicated and are able to offer a service that is both efficient and meticulous. See extra details on Party wall surveyor cost.