Building Owner

The Party Wall Act: a step by step guide for Building owners

At Conway & Fisher we are committed to helping you understand how the Party Wall Act can facilitate any building work you have planned.

It can seem like a burden to have to deal with issues arising from party walls. Perhaps it feels like an inconvenient expense when all you want to do is get your project completed. Our aim is to make the whole process as simple and affordable as possible.

The Act itself is actually there to help avoid costly disputes. We will make sure that your rights and responsibilities under the Party Wall Act are easy for you to understand.

You can use the flow chart below to find out how the Party Wall Act (1996) applies to you and what steps you need to take.

What are you planning to build?
A loft conversion An extension
Do you have a party wall that you share with your neighbour? Are you planning to have foundations that will go to a lower level than your neighbour’s and will they be closer than three metres to their house or garage?
Yes
 
No Yes
 
No
  The Party Wall Act does not apply to you.   Are you proposing to build up to the boundary between the two buildings?
    Yes
 
No
 
 
Under the Party Wall Act you must serve a Party Structure Notice at least two months before any work begins.
This is sometimes known as a Party Wall Noticei.
   
 
Under the Party Wall Act you must serve a Three Metre or a Line of Junction Notice to your neighbour.
This is sometimes known as a Party Wall Notice.
This must be done at least one month before any work begins.
 
The Party Wall Act does not apply to you.
Your neighbour has 14 days to respond to your Notice.
They must offer their consent or dissent to it.
Failure to respond in the given time frame is automatically considered to be dissent.
DISSENT TO NOTICE
This means that your neighbour requires a survey and the commissioning of a Party Wall Awardii.
CONSENT TO NOTICE
By giving their consent to the Notice your neighbour states that neither a Party Wall Survey nor a Party Wall Award is needed.
You and your neighbour must both appoint a surveyor. You can, if you wish, both appoint the same person.
The surveyor(s) will conduct a Schedule of Conditioniii (as known as a Party Wall Survey) by inspecting the affected area of your neighbour’s property. This survey will form part of the Party Wall Award.
Under the Party Wall Act this means that no further action is required.
The works may now begin.
When the works are completed the surveyor(s) will return to inspect your neighbour’s property. They will assess whether any damage has occurred.
 

For professional advice from a party wall surveyor specialist call us on 0203 322 4332 today.

Avoid this happening to you: "Barnet Council set to demolish flats that started to collapse while Finchley families slept"

Hendon & Finchley Times