PARTY WALL & NEIGHBOURLY MATTERS

A party wall matter typically relates to development at or near a ‘line of junction’ between the buildings of two separate property owners that is deemed notifiable under the Party Wall Etc. Act 1996. Often the process can result in disputes when it comes to building works that could affect a neighbouring building.

A professional chartered surveyor skilled in the application of the Party Wall Etc. Act 1996 can help when it comes to resolving issues fairly.

Trinity Rose Chartered Surveyors provides expert, independent advice on party wall and neighbourly matters – read more about our services then talk to us if you’d like us to help you.

Expert, professional party wall surveying support that resolves disputes fairly

What is a party wall matter?

Everyone wants to maintain good relationships with their neighbours, but sometimes, if a party wall matter becomes a bone of contention when building works are involved, an independent chartered surveyor who specialises in party wall matters can help to resolve the dispute.

What does the Party Wall Act do?

The Party Wall etc. Act 1996 provides the legal basis for the prevention and resolution of disputes over party walls, boundaries and excavations around neighbouring buildings. If building works are proposed, such as a weathering detail or foundations for a new extension or a loft conversion, the Act sets a pathway for the preparation and service of notices and the preparation of a formal Party Wall Award. Which sets out the rights and responsibilities of the building owner (the party responsible for carrying out the work) and the adjoining owner (the party affected by the proposed work).

It is generally accepted that, due to the technical nature of the Act, surveyors should be appointed to oversee the preparation and service of notices and awards.

How can we help with party wall and neighbourly matters?

Trinity Rose Chartered Surveyors acts for property owners contemplating building works close to neighbouring properties and also for those who have been served notices under the Act. Party wall surveyors have a duty to resolve party wall disputes in an impartial and practical way and we work hard to ensure disagreements are settled quickly and seamlessly and that, wherever possible, good neighbourly relationships are maintained.

Need help? Get in touch

If you’ve been served a notice for works by a neighbour or if you’re thinking of conducting work that might prove sensitive, get in touch and we’ll give you the information and reassurance you need to make the right decision.

Independent party wall surveyors for building or adjoining owners
Expert support to resolve party wall disputes
Correct application and administration of The Party Wall etc. Act 1996
Experienced chartered surveyors with construction expertise and knowledge of procedures under the Act

FAQs

What is classed as a party wall?

A party wall is a wall that sits directly on the boundary of land between two owners. An example would be a wall that separates a semi-detached houses or a wall that makes up the boundary between two gardens.

What is the Party Wall Act?

The Party Wall Act came into force on 1 July 1997 and applies throughout England and Wales. It provides a framework for preventing or resolving disputes in relation to party walls, party structures, boundary walls and excavations near neighbouring buildings. Anyone intending to carry out work of the kinds described in the Act must give Adjoining Owners notice of their intentions. The Party Wall Act 1996 does not apply to Scotland and Northern Ireland where common law is used to settle party wall issues.

What are my rights under the Party Wall Act if I want to do work on an existing party wall?

As a Building Owner who wants to carry out works to an existing party wall, you get additional rights going beyond ordinary common law rights. These rights include repairs, damp proofing, demolishing and rebuilding the party wall, underpinning the whole thickness of a party wall, increasing the height, cutting into a party wall to take the bearing of a beam, extending a party wall downward and cutting off projections from a party wall (or from an adjoining owner’s boundary or external wall).

What are my duties under the Act?

Before you carry out any works, you must inform all Adjoining Owners. Carrying out works without a proper notice gives the Adjoining Owner the opportunity to stop your work through a court injunction or other legal redress. An Adjoining Owner can’t stop you from utilising the rights given to you by the Act, but may be able to influence how and at what times the work is done.

Who is an “Adjoining Owner”?

An Adjoining Owner is the owner of land, buildings or rooms adjoining those of the building owner. In situations, where there is more than one owner of the property, or more than one adjoining property,you need to notify all of them before starting works to the party wall.

How to inform Adjoining Owners of the party wall works?

Start with speaking to your neigbours (Adjoining Owners) about the works you want to carry out and why. The next step is to give notice in writing including your name and address, the address of the building to be worked on, a full description of what you propose to do and the starting date. You should serve this notice at least 2 months before the works begin. The notice is valid for a year.