Party Wall Surveyors in West London

Party Wall etc. Act 1996 – FAQs  | Divaar
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Why Do I Have to Serve Notice?​
As the ‘Building Owner(s)’ under the Party Wall etc. Act 1996, you are required to serve
Notice on your neighbour(s)—referred to as Adjoining Owners—before commencing
certain types of construction work. These include:
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a) Section 1 - constructing a wall along the boundary (Line of Junction)
b) Section 3 - works to an existing party wall or structure that separates the properties
c) Section 6 - excavations near neighbouring structures
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Notices must be served within a specific time frame before work begins, giving the
Adjoining Owner adequate time to consider the proposed works and their potential
impact. The notice periods are one month for Sections 1 & 6 and two months for Section
2, unless the Adjoining Owner agrees to an earlier start. The Adjoining Owner has 14 days
to respond in writing. If no response is received, a Ten-Day letter is sent, giving an
additional 10 days to reply. Should they still fail to respond, a dissent is assumed, and a
surveyor must be appointed to represent the Adjoining Owner, incurring additional fees.
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Neighbour’s Response Options & Potential Costs
Your neighbour’s response dictates the next steps and associated costs. Below is an
overview of their possible options:
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1 - CONSENT
Your neighbour may consent to the Notice, allowing you to proceed with the works
once the statutory Notice period has elapsed (or sooner, if agreed).
Cost: You will typically only be charged the fee for serving the Notice(s).
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2 - CONSENT WITH SCHEDULE OF CONDITION
They may consent to the works on the condition that a Schedule of Condition is carried
out on their property beforehand. This document provides a detailed record of the
property’s condition, offering protection to both parties if any disputes arise later.
Cost: You will be charged for the Notice(s) and the Schedule of Condition Report.
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3 - DISSENT (AGREED SURVEYOR)
By dissenting, your neighbour indicates that a Party Wall Surveyor is required. If they
agree to a single ‘Agreed Surveyor’ (Us), We will act impartially for both parties, preparing
a Party Wall Award to regulate the works and protect all interests. A Schedule of
Condition will be conducted as part of this process.
Cost: You will be charged for the Notice(s), the Schedule of Condition Report, the Party
Wall Award, and the Agreed Surveyor fee.
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4 - DISSENT (TWO SURVEYORS)
If your neighbour dissents and chooses to appoint their own surveyor, two surveyors will
be involved—one for each owner. These surveyors will then agree on a Third Surveyor in
case of a dispute. A Party Wall Award will be prepared, and a Schedule of Condition will
be carried out.
Cost: You will be liable for the Notice(s), the Schedule of Condition Report, the Party Wall
Award fee, and the Adjoining Owner's Surveyor's fees.
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What If They Don’t Respond?
If no written response is received within 14 days of serving the Notice, a Ten-Day letter is
issued. If there’s still no response, a dispute is deemed to have arisen under the provisions
of the Dissent (Two Surveyors) scenario. In this case the Building Owners surveyor must
appoint a separate surveyor to act on the behalf of the Adjoining Owner, ensuring an
impartial resolution in accordance with the Act.
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What If My Neighbour Refuses To Appoint A Surveyor?
Should the Adjoining Owner fail to appoint a surveyor after dissenting, you may appoint
one on their behalf to ensure the Act’s provisions are upheld. We can assist by drafting a
formal letter advising them of this, setting a deadline (usually 5 days) for their
appointment.
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What Is A Party Wall Award?
The Party Wall Award is a legally binding document that sets out the agreed terms under
which the notifiable works can proceed. It covers the scope and method of the works,
any restrictions or additional measures for protection, and details the resolution of
disputes, including compensation for any damage caused. The Award also outlines the
‘reasonable costs’ of the surveyors and any other specialists involved.
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What Happens After The Award Is Served?
Once the Award is served, work can begin, provided the statutory 14-day appeal period
has passed. The Award offers protection to all parties and ensures the works are
conducted according to its terms. It also includes provisions for addressing any issues
that arise during construction.
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What Is a Schedule of Condition Report?
This report documents the pre-existing condition of the parts of the Adjoining Owner’s
property that may be affected by your works. It includes detailed descriptions and
photographs and serves as evidence in case of any future damage claims.
 
Why Is Compliance With The Act Important?
Serving Notices and securing a Party Wall Award under the Act is crucial to protect both
your rights and those of your neighbour. Non-compliance could lead to disputes,
injunctions, and potentially costly litigation.
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What If I Choose Not To Serve Notice?
Opting not to serve Notice can result in significant risks, including potential injunctions
that could halt your project, and expensive legal disputes if damage occurs without the
protections afforded by the Act. We strongly recommend complying with the Act to
avoid these risks.
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Why Choose Us?
Our affiliation with the Faculty of Party Wall Surveyors provides us with access to a
network of highly experienced surveyors and lawyers, ensuring that your interests are fully
protected under the Party Wall etc. Act 1996. This extensive network enables us to
address any issue that may arise with professional and impartial expertise, ensuring that
your project proceeds smoothly. By working with us, you benefit not just from our
experience, but from the collective knowledge and resources of a trusted community
dedicated to upholding the highest standards in the industry.
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What If My Plans Change?
If you decide not to proceed with the works or our services after we’ve started, you will
be responsible for any reasonable costs incurred to date. We will provide a detailed
breakdown of these costs. If you reappoint us later, we will agree on a new fee structure
based on the work already completed and the new requirements.
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Where Can I Find More Information?
You can find more information on the Party Wall etc. Act 1996 from the following
sources:
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1. UK Government's Official Website:
The UK government provides a detailed guide to the Party Wall etc. Act 1996, which
outlines your rights and responsibilities as a building owner or adjoining owner. You can
access it [here](https://www.gov.uk/party-walls-building-works).
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2. Faculty of Party Wall Surveyors:
As a professional body, they offer comprehensive resources and guidance on the
Party Wall Act, including how it applies to various construction projects. Their website is
[fpws.org.uk](https://fpws.org.uk).
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3. Royal Institution of Chartered Surveyors (RICS):
RICS provides guidance and resources on the Party Wall etc. Act, including information
on how to handle disputes. Visit their website at [rics.org](https://www.rics.org).