If you are an owner proposing to undertake building works, you must consider the impact of the 1996 Party Wall Act. You are required to serve a statutory notice either one or two months prior to commencement, (depending upon which part of the building is affected) on the adjoining owners and obtain their agreement to the building works prior to commencing any works which fall within the Act.

If your neighbours do not agree in writing, the preferred solution would be to appoint one surveyor as an Agreed Party Wall Surveyor to prepare a Party Wall Award. This Surveyor is independent of all parties and has an obligation and duty to ensure the Act is applied implicitly and more importantly impartially. If there is no agreement to appoint a single surveyor, each owner is required to appoint their own surveyor. An owner is defined as any person who has a legal interest in the property which exceeds 12 months.

The appointed surveyors are required to consider the works and publish a Party Wall Award, agreeing the relevant issues pertaining to the Act and the property. The reasonable costs incurred as a consequence of the building works are paid by the person undertaking the works.

If you are the adjoining owner and receive a Party Wall Notice you are entitled to agree to the proposed works. However, if you are concerned that as a consequence of these works there is a probability that your property will be damaged or affected in some way, you are entitled to dissent from the Notice and appoint your own surveyor. The surveyor will then deal with any issues in relation to the proposed works.

If you fail to appoint a surveyor, the building owner's surveyor is entitled to make an appointment on your behalf.

If a building owner fails to appoint a surveyor and damage occurs to the adjoining owners property, the liability for costs may be significantly increased.

Parsons Son & Basley have experienced Chartered Building Surveyors able to provide advice both to owners proposing work and to neighbours, whose buildings may be affected.