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Our Party Wall Surveyor services are headed by Associate Robert Mulligan MFPWS BEng CEng MIStructE, an experienced Party Wall Surveyor who is a registered member of the Faculty of Party Wall Surveyors.
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Typical services include:
- General advice on the applicability of the Party Wall etc. Act
- Preparation of notices to be served on the adjoining owner(s)
- Schedules of Condition
- Preparation of a Party Wall Award; a legally binding document which
- sets out the work that will be carried out
- says how the work is to be carried out
- allows access for the surveyor(s) to inspect the works in progress
- Proofing Party Wall Awards where appointed by the adjoinging owner(s)
The following notes summarise the provisions of the Party Wall Act, but more detailed guidance is availale from the Communities and Local Government website.
You can see a Communities and Local Government Leaflet here
What is a Party Wall
A party wall is one which is shared by two (or more) people. There are two types of wall recognised by the Party Wall etc Act 1996.
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Party Wall Type (a) straddles the boundary between two properties. Occasionally, a boundary can run down the middle of a wall, even though it appears to belong only to one property. Another variation of this type of wall is a "Party Fence Wall". This is a boundary wall which is not a part of a building. Note that a wooden boundary fence, even one with concrete posts is not a Party Fence Wall. |
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Party Wall Type (b) is one which is wholly within the boundary of one property but separates two (or more) properties, often providing structural support to the other property. Note that only the part of the wall that is in common between the two properties is a Party Wall. The section of the wall above, for instance, would not be a Party Wall. |
The Party Wall Act also refers to a Party Structure, which is one shared by two or more owners. An example of this would be the floor separating two flats.
When does the Party Wall Act apply?
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The Party Wall Act applies to any work carried out to a party wall. Some very minor works such as fixing shelves or plastering are unlikely to apply. As a rule of thumb any work which could potentially affect the structural integrity of the wall falls under the provisions of the Act. |
Typical instances where the rights granted to the Building Owner under the Act include:
- cutting into a wall to take the bearing of a beam (for example for a loft conversion)
- inserting a damp proof course all the way through the wall
- raising the height of the wall and/or increasing the thickness of the party wall
- demolishing and rebuilding the party wall
- underpinning the whole thickness of a party wall
- protecting two adjoining walls by putting a flashing from the higher over the lower
Who needs to be involved?
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Before carrying out any work to the Party Wall you must inform all adjoining building owners. You must not even cut into your side of the wall. It is better to think of the party wall as being jointly owned for its whole thickness, rather than thinking of owning the wall outright to it's mid point. You must inform the adjoining owners in writing at least two months before you intend to carry out the works. If the adjoining owner(s) confirm in writing that they consent to you carrying out the works, then you do not need to involve anyone else. If the adjoining owner(s) do not give their consent or do not respond, then you will need to appoint a Party Wall Surveyor. It is clearly best to appoint a single person (the "agreed surveyor"), but each party could appoint their own Party Wall Surveyor if required. |
What would a surveyor do?
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A Party Wall Surveyor can give you further advice about how the Party Wall Act affects you, what rights the Act gives you and what your responsibilities are under the Act. He can assist you with serving the required notices on the adjoining owner(s). If an agreement cannot be reached with the adjoining owner(s), he will prepare a Party Wall Award which is a document setting out all the particulars of the proposed works, and restrictions which should apply (such as timing of the works), any special precautions which should be taken to safeguard the works or adjacent property and what monitoring of the work there should be. He will also liaise with the Party Wall Surveyor appointed by the adjoining owner, if the parties have not appointed an Agreed Surveyor. If applicable he will also record the condition of the adjoining property to safeguard both parties against any dispute about whether the works caused any damage. |
Head office:
T: 01732 851416
F: 01732 852200
St Leonards on Sea:
T: 01424 858144
F: 01424 858145
