Your neighbours are planning on doing some work. Here are some of the things you need to know.
What you need to know
As the adjoining owner you have a right to ensure you are not unduly inconvenienced by your neighbours’ work. We will also make sure your neighbour is legally responsible for correcting any damage that may be caused.
Party Wall information For Adjoining Owners
When Should I receive notice?
Is all work notifiable?
Notifiable works are set out in sections 1, 2 & 6 of the Act. They include:
Works covered by section 1:
- Construction of a new wall either at or astride the line of junction (the legal boundary between two owners)
Works covered by section 2:
- Cutting into a wall to take the bearing of a beam, for example for a loft conversion
- Inserting a damp proof course, even if only to your own side of a party wall
- Raising a party wall and, if necessary, cutting off any objects preventing this from happening
- Demolishing and rebuilding a party wall
- Underpinning a party wall or part of a party wall
- Weathering the junction of adjoining walls or buildings by cutting a flashing into an adjoining building
Works covered by section 6:
- Excavating foundations within three metres of a neighbour’s structure and lower than its foundations
- Excavating foundations within six metres of a neighbour’s structure and below a line drawn down at 45° from the bottom of its foundations.
When should I receive a notice?
How should I respond to a notice?
- Consent to the work – no further action is necessary, and the project may begin as soon as the notice period has run (or sooner by agreement).
- Dissent and Appoint a Surveyor – Both parties appoint a surveyor to oversee the notifiable works and assess the potential impact on your property. They will carry out a survey on your property to record the existing and ensure you are covered in the event of any damage occurring. The surveyors will then produce a party wall award which sets out the terms under which the works can proceed.
- Dissent and appoint an Agreed surveyor – as above, but there is a single surveyor acting on behalf of both parties.
If you have received a notice will be happy to discuss your options and respond on your behalf. Our costs are covered by the people carrying out the work.
What Happens Once I Have Appointed a Surveyor
Schedule of Condition
It is your neighbour’s responsibility to ensure an accurate Schedule of Condition to prepared, but we will arrange the access with you and will oversee the process on your behalf.
Party Wall Award
- Agrees the work that may or may not be carried out
- Places a legal responsibility on your neighbours to correct any damage
- Agrees how and when access may be provided where it is necessary to carry out the work
- Sets out the timings of the notifiable works
- Sets out the safe methods of working
- Sets out details of any protective screening, hoarding or other safety measures
- Apportions the costs of the surveyor’s fees to the building owner.
We will always discuss the terms of the award with you. Once it is signed by the surveyors it then gets served on both parties and the work may then proceed in accordance with the terms set out.
You will have the choice of how you would like the damage rectified. There will usually be two options:
- Your neighbours send their builders in to correct the damage, at their cost, or:
- We make an assessment of the costs of remedial works and your neighbours make a payment in lieu of correcting the damage.