Less complex jobs are most efficiently dealt with by an agreed surveyor (where one surveyor acts for both parties). This route needs the agreement of all parties (both property owners and the surveyor in question) but it usually represents the quickest and most cost effective means of putting a party wall agreement in place.

The agreed surveyor route means the building owner is liable for one set of fees rather than two, so it is worth discussing with the adjoining owner to see if this is a viable option.

It is worth checking the competency and experience of the design team before appointing them. Incomplete or poorly considered designs can delay the party wall process and add a significant cost.

Competent architects and engineers should be aware of the information that is required for the party wall agreement. If there is any doubt then you should pass the design information to a party wall surveyor for comments on its adequacy before starting the party wall process.

Costs will be higher if the adjoining owners surveyor is spending significant amounts of time correcting mistakes or poorly presented information form the building owners surveyor.

The building owners surveyor is usually responsible for:

1. Preparing and sending notices
2. Preparing the schedule of condition
3. Preparing the draft award
4. Reviewing design information before sending on
5. Preparing the document register

If the one surveyor is spending time correcting mistakes made by the other then costs will be higher.

It is therefore worth checking the accreditation and experience of a surveyor before appointing them.

Do not be put off by a higher hourly rate. This will usually signify greater competency and experience so the process should go through quicker and smoother, meaning a lower total cost.

A party wall agreement often turns into a negotiation, whereby the adjoining owners may have specific concerns they would like addressed (often revolving around hours of work, location of scaffolding, the use of protective hoarding…etc).

Often the cost of enforcing a particular point can outweigh the cost of agreeing to it, so a flexible and conciliatory approach can be an effective way of minimising costs.

It falls to the building owners surveyor to determine whether or not the adjoining owners surveyors fees are reasonable. If there is concern then surveyors will review timesheets and ensure that all time spent is within the surveyors remit and in direct relation to the work being carried out.

If there is concern over the fees then the matter may be referred to the third surveyor for a determination.

If an award is served containing unreasonable fees then it may be appealed, in the County Court, within 14 days of being served.

This action can incur additional cost and we always recommend that specialist advice is sought before referring a matter to the third surveyor or appealing an award.

The Party Wall Act is not intended to be applied to minor jobs that do not affect the structural integrity or loading of a party wall.

It is generally agreed that works such as fixing plug sockets, screwing in shelving or replastering walls are minor works and do not require a notice. If you are in London, and you have any doubt if your works require a notice to be served, please speak to our surveyors.

The workings of the Act are always instigated by the of issuing notices.

Written notice must be served on adjoining owners at least two months before starting any party wall works (one month for works to the line of junction or excavations). All adjoining owners must be served a notice and there are likely to be instances where there is more than one adjoining property and more than one owner of each. Works to a party wall, or those affecting a ceiling or floor, will also require a notice to adjoining owners living above or below.

It is essential to include the correct details on a notice as, if they are deemed invalid, then any subsequent actions are also invalid. Our surveyors are experienced at serving notices in London and Surrey. Please contact our Fulham office or our Thames Ditton office if you need any help.

Where written agreement is not given, the solution the Act provides is for both parties to appoint a surveyor. The surveyors then work together to agree the terms under which work may proceed. The surveyor(s) will review the plans, notices and structural details of the works and, after considering the impact of the works, will draw up an agreement which sets out the terms under which work can be carried out (the Award).

On receipt of a notice, an adjoining owner has three possible courses of action:

1. To consent to the works going ahead as described. A consenting Adjoining Owner retains all rights under the Act including the right to appoint a surveyor later in the process if there is a dispute at that stage.
2. To dissent and appoint a surveyor. The Act allows the Owners to concur in the appointment of a single ‘Agreed’ surveyor or appoint their own separate surveyor.
3. Issue a counter notice to set out certain conditions required for the benefit of the Adjoining Owner. The Counter Notice should set out what additional or modified work the Adjoining Owner would like to be included for his benefit

In most cases, if the adjoining does not respond within 14 days then a deemed dispute is said to have occurred and the person carrying out the work must appoint a surveyor to act on the adjoining owners behalf.
If adjoining owners provide written consent to the works as set out within the notices, then there is no dispute to resolve and no further need for party wall surveyors. Assuming work proceeds as detailed within the notice and no damage is caused, then no further involvement is necessary.

If adjoining owners dissent to the works then a dispute has occurred which must be resolved to allow works to proceed. It is worth reiterating that the Act is one of enablement, it is not there to prevent works from taking place and it offers a route to end disputes at every stage.

Where written agreement is not given, the solution the Act provides is for both parties to appoint a surveyor. The surveyors then work together to agree the terms under which work may proceed. The surveyor(s) will review the plans, notices and structural details of the works and, after considering the impact of the works, will draw up an agreement which sets out the terms under which work can be carried out (the Award).

The award will usually record the condition of the relevant part of adjoining property before work begins (this is not a requirement under the Act but is considered good practice and is duly provided by most good surveyors). This survey of the adjoining properties is particularly important in London where there are often several properties in close proximity, and therefore a higher chance of works affecting neighbours.

The award may also grant access to both properties so that the works can be safely carried out and the surveyor/s can inspect work in progress.

Generally, the building owner who started the work pays for all expenses of work and the reasonable costs incurred by all parties as a result, this will include the surveyors fees for both Building Owner and Adjoining Owner.

The workings of the Act are always instigated by the of issuing notices.

Written notice must be served on adjoining owners at least two months before starting any party wall works (one month for works to the line of junction or excavations). All adjoining owners must be served a notice and there are likely to be instances where there is more than one adjoining property and more than one owner of each. Works to a party wall, or those affecting a ceiling or floor, will also require a notice to adjoining owners living above or below.

It is essential to include the correct details on a notice as, if they are deemed invalid, then any subsequent actions are also invalid. Our surveyors are experienced at serving notices in London and Surrey. Please contact our Fulham office or our Thames Ditton office if you need any help.

If adjoining owners dissent to the works then a dispute has occurred which must be resolved to allow works to proceed. It is worth reiterating that the Act is one of enablement, it is not there to prevent works from taking place and it offers a route to end disputes at every stage.

Where written agreement is not given, the solution the Act provides is for both parties to appoint a surveyor. The surveyors then work together to agree the terms under which work may proceed. The surveyor(s) will review the plans, notices and structural details of the works and, after considering the impact of the works, will draw up an agreement which sets out the terms under which work can be carried out (the Award).

The award will usually record the condition of the relevant part of adjoining property before work begins (this is not a requirement under the Act but is considered good practice and is duly provided by most good surveyors).

The award may also grant access to both properties so that the works can be safely carried out and the surveyor/s can inspect work in progress.

Generally, the building owner who started the work pays for all expenses of work and the reasonable costs incurred by all parties as a result, this will include the surveyors fees for both Building Owner and Adjoining Owner.