Question 1

What is the Party Wall etc. Act 1996?

Accepted Answer

The Party Wall etc. Act 1996 is a UK statute that provides a framework for preventing and resolving disputes relating to party walls, boundary walls and excavations near neighbouring buildings. It applies to England and Wales and sets out the rights and responsibilities of building owners and adjoining owners when carrying out certain types of construction work.

Question 2

When do I need to serve a party wall notice?

Accepted Answer

You must serve a party wall notice before carrying out work that falls under the Party Wall etc. Act 1996. This includes: building on the boundary line between properties, cutting into a party wall for beam insertions, raising or demolishing a party wall, excavating within 3 or 6 metres of an adjoining property (depending on depth), and carrying out work to an existing party wall or structure.

Question 3

What are the different types of party wall notices?

Accepted Answer

There are three main types of party wall notices under the Act: Section 1 Notice (Line of Junction Notice) for building new walls at or astride the boundary; Section 3 Notice (Party Structure Notice) for works to an existing party wall or structure; and Section 6 Notice (Adjacent Excavation Notice) for excavations within 3 or 6 metres of an adjoining property.

Question 4

How much notice period is required under the Party Wall Act?

Accepted Answer

For Section 1 and Section 3 notices, you must give at least one month's notice before starting work. For Section 6 notices (excavation), you must also give at least one month's notice. The notice period begins from the date the notice is served on the adjoining owner, not from when it was sent.

Question 5

What happens if my neighbour dissents to my party wall notice?

Accepted Answer

If your neighbour dissents (disagrees) to your party wall notice, a dispute is deemed to have arisen. Both parties must then appoint a surveyor, or agree to appoint an 'agreed surveyor' to act for both. The surveyor(s) will prepare a Party Wall Award that sets out the works permitted, any conditions, and the rights and responsibilities of both parties.

Question 6

What is a Party Wall Award?

Accepted Answer

A Party Wall Award is a legal document prepared by party wall surveyors that resolves disputes under the Act. It records the condition of adjoining properties before work begins (Schedule of Condition), sets out the permitted works and any conditions, determines who pays the surveyors' fees, and provides a mechanism for dealing with any damage caused by the works.

Question 7

Who pays for party wall surveyors?

Accepted Answer

Generally, the building owner (the person carrying out the works) pays for the reasonable costs of the party wall process, including the adjoining owner's surveyor fees. However, the Award may apportion costs differently if the adjoining owner has acted unreasonably or made unnecessary requests.

Question 8

What is a Schedule of Condition?

Accepted Answer

A Schedule of Condition is a detailed photographic and written record of the condition of adjoining properties before party wall works commence. It typically forms part of the Party Wall Award and is used as evidence to assess whether any damage has been caused by the notified works. It should be prepared by a qualified surveyor.

Question 9

Can I start work before getting consent or an Award?

Accepted Answer

No. Starting work without proper consent or an Award is a breach of the Party Wall etc. Act 1996. This could result in an injunction to stop the works, liability for any damage caused, potential prosecution, and the adjoining owner having the right to seek their own surveyor at your expense. Always wait for written consent or a completed Award.

Question 10

What is an 'agreed surveyor' in party wall matters?

Accepted Answer

An agreed surveyor is a single surveyor appointed jointly by both the building owner and adjoining owner to act impartially for both parties. This is often more cost-effective than each party appointing their own surveyor. The agreed surveyor prepares the Award and determines any matters in dispute.

Question 11

How long does the party wall process take?

Accepted Answer

The timeline varies depending on the complexity and cooperation of the parties. If the adjoining owner consents in writing, work can proceed after the notice period (typically 14 days for acknowledgement). If a dispute arises and surveyors are appointed, the Award process typically takes 4-8 weeks, though complex cases may take longer.

Question 12

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

Accepted Answer

It depends on the work involved. You will likely need a Section 3 Notice if the loft conversion involves cutting into or raising the party wall, inserting steel beams into the party wall, or altering the party wall structure. A surveyor can advise on your specific circumstances.

Question 13

What is the role of a Third Surveyor?

Accepted Answer

A Third Surveyor is selected by the two appointed surveyors before they begin their work. The Third Surveyor's role is to resolve any disputes between the two appointed surveyors if they cannot agree. Either surveyor or either owner can refer matters to the Third Surveyor for determination.

Question 14

Can a Party Wall Award be appealed?

Accepted Answer

Yes, either party can appeal a Party Wall Award to the County Court within 14 days of receiving it. The court can modify or rescind the Award. Appeals are relatively rare and should only be considered where there are genuine grounds, such as the surveyor exceeding their jurisdiction or making errors of law.

Question 15

What is Party Wall Flow software?

Accepted Answer

Party Wall Flow is professional workflow software designed specifically for UK party wall surveyors. It helps manage the entire party wall process including serving notices, tracking responses, recording schedules of condition, building awards, and maintaining statutory compliance. It provides a structured workflow engine rather than generic document storage.

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