The Party Wall Act Explained: Your Rights and Responsibilities

If you're planning building works in Twickenham, Richmond, or anywhere in West London that affect a wall shared with your neighbour, you need to understand the Party Wall etc. Act 1996. At Twickenham Surveyors, we act as party wall surveyors for hundreds of cases every year, helping both building owners and adjoining owners navigate this important legislation.

The Party Wall Act exists to prevent and resolve disputes between neighbours when building works affect shared walls, boundaries, or nearby structures. While it may seem like additional bureaucracy, following the correct procedure protects both you and your neighbours, provides a clear legal framework, and can actually prevent costly disputes and delays.

What is the Party Wall Act?

The Party Wall etc. Act 1996 is legislation that applies to England and Wales (Scotland has different provisions). It provides a framework for preventing and resolving disputes in relation to party walls, boundary walls, and excavations near neighbouring buildings.

Key Purposes of the Act

• Protects building owners' rights to carry out necessary works
• Protects adjoining owners from damage and unnecessary interference
• Provides a dispute resolution mechanism through surveyors rather than courts
• Establishes clear procedures for notification and consent
• Creates records of property condition before works commence

Importantly, the Act is separate from planning permission or building regulations - you may need all three for major works.

When Does the Party Wall Act Apply?

You need to follow Party Wall Act procedures if your proposed works fall into any of these categories:

1. Work on an Existing Party Wall (Section 2)

A party wall is a wall that stands on the boundary between two properties and is shared by both owners. Works requiring a party wall notice include:

• Cutting into the wall - To take a beam or insert a damp-proof course
• Removing chimney breasts - On your side of a party wall
• Underpinning the party wall
• Raising the party wall - For loft conversions or extensions
• Demolishing and rebuilding - The party wall
• Cutting away projections - Like corbels or copings
• Protecting the party wall - With a damp-proof course or similar

Common examples in Twickenham and Richmond terraces:

• Loft conversions requiring party wall to be raised or cut into for steel beams
• Removing chimney breasts as part of renovations
• Rear extensions requiring party wall modifications
• Underpinning party walls due to subsidence

2. Building a New Wall on the Boundary Line (Section 1)

If you're building a new wall right on the boundary line between properties:

• New garden walls - Built on the boundary
• New party walls - For extensions or new structures
• Walls astride the boundary - Partially on each property

Note: If the wall is entirely on your land (even 50mm away from the boundary), Party Wall Act doesn't apply, though you should still inform neighbours as a courtesy.

3. Excavation Within 3 or 6 Meters of a Neighbouring Building (Section 6)

This is particularly relevant for basement conversions and extensions in West London:

Within 3 meters:

• Excavating deeper than your neighbour's foundations
• Common for rear extensions with deeper foundations

Within 6 meters:

• Excavating deeper than your neighbour's foundations AND within a 45-degree plane from the bottom of their foundations
• Typical for basement conversions in terraced properties

Works That DON'T Require Party Wall Notice

These common works generally don't trigger the Act:

• Drilling small holes for shelves or pictures
• Re-plastering or decorating the party wall
• Fixing skirting boards or dado rails
• Installing socket boxes (if not cutting significantly into the wall)
• Building entirely on your own land away from boundaries
• Shallow excavations that don't affect neighbours' foundations

The Party Wall Process: Step by Step

Step 1: Determine if the Act Applies (2-3 months before starting work)

• Review your architect's plans
• Identify which works affect party walls or boundaries
• Consider whether excavation affects neighbours' foundations
• Seek advice from a party wall surveyor if uncertain

Step 2: Serve Party Wall Notice (At least 2 months before for wall works, 1 month for excavations)

The building owner must serve written notice on all affected adjoining owners:

Notice must include:

• Your name and address
• Address of the property where works will take place
• Details of the proposed works (drawings/plans)
• Proposed start date
• Statement that the notice is served under the Party Wall Act

Who to serve notice on:

• All owners of adjoining properties (if rented, serve on the owner, not tenant)
• Multiple occupiers if a property has been divided
• Freeholders of the adjoining property

Timing requirements:

• Section 1 & 2 notices (party wall works): Minimum 2 months before starting
• Section 6 notices (excavations): Minimum 1 month before starting

Step 3: Neighbour Responds (14 days to respond)

The adjoining owner has three options:

Option 1: Consent to the Works

If your neighbour agrees in writing, you can proceed without appointing surveyors. However, this is relatively rare because:

• Consent means they give up some rights under the Act
• No formal record of property condition is created
• They have no recourse if damage occurs

Most neighbours are advised to either dissent or not respond, triggering the surveyor appointment process which protects their interests.

Option 2: Dissent (Disagree with the Notice)

Dissenting doesn't mean you object to the works - it means you want the formal surveyor process to protect your interests. This is the most common and sensible response.

Option 3: No Response (Deemed Dissent)

If the neighbour doesn't respond within 14 days, they're deemed to have dissented, and the surveyor process automatically applies.

Step 4: Appoint Party Wall Surveyors

There are two options for surveyor appointments:

Option A: Agreed Surveyor (Single Surveyor)

Both parties agree to appoint the same surveyor who acts impartially for both sides:

• Advantages: Lower cost, faster process, simpler communication
• Typical cost: £700-£1,500 depending on complexity
• When suitable: Straightforward works, amicable neighbours, simple properties

Option B: Two Surveyors (Plus Third Surveyor if needed)

Each party appoints their own surveyor, who then work together:

• Building owner appoints their surveyor
• Adjoining owner appoints their surveyor (or building owner's surveyor appoints one on their behalf if they don't)
• The two surveyors may appoint a third surveyor to resolve any disagreements

Advantages: Each party has dedicated representation, appropriate for complex works or disputed matters

Typical costs: £1,000-£3,000+ per side (building owner usually pays both sets of reasonable fees)

Step 5: Pre-Works Schedule of Condition

The appointed surveyor(s) will:

• Visit the adjoining owner's property
• Photograph and document existing condition
• Note any existing cracks, defects, or issues
• Create a detailed record for comparison after works

This is crucial evidence if any damage claims arise later.

Step 6: Party Wall Award

The surveyor(s) will prepare and serve a Party Wall Award, which is a legal document setting out:

• Description of the works permitted
• How and when works can be carried out
• Access requirements and times
• Responsibilities for making good any damage
• Schedule of condition (attached)
• Costs and who pays them

The Award is legally binding on both parties and remains with the property if it's sold.

Step 7: Works Proceed

• You can now start works in accordance with the Award
• Keep neighbours informed of progress
• Allow surveyor access if they wish to inspect
• Follow conditions in the Award (working hours, access, etc.)

Step 8: Post-Works Inspection

After completion:

• Surveyor inspects adjoining property again
• Compares condition to pre-works schedule
• Identifies any damage that needs repair
• Oversees making good of any damage

Rights and Responsibilities

Building Owner's Rights

As the person carrying out works, you have the right to:

• Carry out necessary works on party walls after proper notice
• Enter neighbouring property (with reasonable notice) to execute works
• Take temporary protective measures like installing scaffolding or shoring
• Appoint a surveyor to act on your behalf
• Proceed with works once an Award is in place, even if neighbour objects

Building Owner's Responsibilities

• Serve proper notice in the correct format and timescale
• Pay all reasonable surveyor costs (both your own and neighbour's)
• Compensate for damage caused by the works
• Make good any damage to neighbour's property
• Follow the Award conditions regarding working hours, access, etc.
• Carry out works carefully to minimize disturbance and damage

Adjoining Owner's Rights

As the neighbour affected by works, you have the right to:

• Receive proper notice of proposed works
• Appoint your own surveyor at building owner's expense
• Have your property condition recorded before works start
• Have damage repaired at building owner's expense
• Receive compensation for losses arising from the works
• Appeal against an Award within 14 days (to County Court)

Adjoining Owner's Responsibilities

• Respond to notices within 14 days (or be deemed to have dissented)
• Allow reasonable access for pre- and post-works inspections
• Allow necessary access for works if required by the Award
• Not obstruct legitimate works once an Award is in place

Costs: Who Pays What?

Building Owner Pays For

• All surveyor fees (both sides if two surveyors appointed, plus third surveyor)
• Schedule of condition preparation
• Award preparation and serving
• Making good any damage caused by works
• Compensation for losses (loss of earnings if neighbour has to take time off work for access)
• Temporary protective measures (shoring, temporary weather protection)

Typical Cost Breakdown for Building Owner

Simple single-story rear extension (one neighbour, agreed surveyor):

• Agreed surveyor fee: £800-£1,200
• Schedule of condition: Included
• Award preparation: Included
• Total: £800-£1,200

Loft conversion affecting two neighbours (two surveyors each side):

• Your surveyor: £1,200-£1,800
• Neighbour 1's surveyor: £1,000-£1,500
• Neighbour 2's surveyor: £1,000-£1,500
• Total: £3,200-£4,800

Large basement conversion (multiple neighbours, complex works):

• Your surveyor: £2,000-£3,500
• Multiple neighbours' surveyors: £1,500-£2,500 each
• Third surveyor (if appointed): £1,500-£3,000
• Potential total: £5,000-£12,000+

When Costs Are Shared

In certain circumstances, costs may be shared between building owner and adjoining owner:

• Works of benefit to both properties - E.g., rebuilding a deteriorated party wall
• Repair of a shared boundary wall - Costs typically split 50/50
• Underpinning affecting both foundations - May be shared if benefiting both properties

Common Disputes and How to Avoid Them

1. "My Neighbour Won't Respond to the Notice"

Solution: If no response within 14 days, they're deemed to have dissented. You can then appoint a surveyor on their behalf and proceed.

2. "My Neighbour is Refusing Access"

Solution: The Award can require reasonable access. If they still refuse, this is contempt of the Award and you can seek legal enforcement.

3. "The Works Have Caused Damage"

Solution: This is why the schedule of condition is crucial. The building owner must make good damage caused by the works. Disputes about causation are resolved by the surveyor(s).

4. "My Neighbour Says I Need a Party Wall Notice But I Don't Think So"

Solution: Get advice from a qualified party wall surveyor. It's better to serve notice if in doubt - failure to serve when required can result in injunctions stopping works and legal costs.

5. "The Surveyor's Fees Seem Excessive"

Solution: Fees must be "reasonable." If you think they're excessive, you can challenge them. The Award should detail fees or state they'll be determined later. Get your own surveyor's opinion on reasonableness.

Penalties for Not Following the Party Wall Act

If you proceed with notifiable works without following the Act, you risk:

• Injunction - Your neighbour can obtain a court injunction stopping all works immediately
• Full liability for damage - Without a schedule of condition, you'll struggle to prove what damage pre-existed
• Legal costs - You may have to pay your neighbour's legal costs for obtaining the injunction
• Retrospective Awards - You'll still need to go through the party wall process, causing significant delays
• Relationship breakdown - Starting badly with neighbours can lead to long-term difficulties

Real example: A Richmond homeowner started a loft conversion without serving party wall notice. The neighbour obtained an injunction, stopping works for 4 months while the party wall process was completed retrospectively. Total additional costs: £15,000 in legal fees, surveyor costs, contractor delays, and storage for displaced possessions.

Party Wall Act and Common Scenarios

Loft Conversions

Most loft conversions in terraced properties trigger the Act:

• Raising party walls to create head height
• Cutting into party walls for steel beams
• Installing dormer windows affecting party walls
• Excavations for foundations if extending at roof level

Timeline: Serve notice 2 months before starting. Process typically takes 6-10 weeks total.

Rear Extensions

Single or double-story rear extensions commonly require notices for:

• Excavations within 3 meters of neighbours' foundations
• Building up to or on the boundary
• Tying into or cutting into party walls

Tip: Design extensions to avoid cutting into party walls if possible - this can reduce costs and complexity.

Basement Conversions

Almost always trigger Section 6 (excavation notices):

• Excavating within 3-6 meters of multiple neighbouring properties
• Often affects neighbours on both sides and sometimes to rear
• Requires careful scheduling of condition for potential subsidence claims

Costs: Party wall costs for basement conversions can be £5,000-£15,000 due to multiple neighbours and complexity.

Removing Chimney Breasts

Requires notice if the chimney is built into or forms part of the party wall:

• Even if only removing "your side" of the breast
• Requires structural support to be installed
• Neighbour's side must remain adequately supported

Choosing a Party Wall Surveyor

Essential Qualifications

• RICS qualification - Look for MRICS or FRICS
• Specialist knowledge - Party Wall Act is a specialist area
• Local experience - Understanding West London property types
• Professional indemnity insurance - Minimum £1 million cover

Questions to Ask

• How many party wall cases do you handle per year?
• What are your typical fees for a case like mine?
• What's your typical timeframe for completing an Award?
• Can you act as Agreed Surveyor, or only represent one party?
• Will you conduct the schedules of condition personally?
• What's your availability if urgent issues arise during works?

Why Choose Twickenham Surveyors

• Extensive local knowledge - We understand West London's Victorian and Edwardian housing stock
• RICS qualified - Professional standards and indemnity insurance
• Fast turnaround - Awards typically completed in 4-6 weeks
• Clear communication - We explain the process in plain English
• Reasonable fees - Transparent pricing with no hidden costs
• Experience - Hundreds of party wall cases completed across Twickenham, Richmond, and Kingston

Frequently Asked Questions

Can my neighbour stop my building works?

No. If you follow the Party Wall Act correctly and obtain an Award, your neighbour cannot prevent the works proceeding. They can disagree with the notice (which triggers the surveyor process) but cannot ultimately block legitimate works.

What if my neighbour won't appoint a surveyor?

If they don't appoint a surveyor within 10 days of dissenting (or being deemed to dissent), your surveyor can appoint one on their behalf. The process continues regardless.

Do I need party wall notice for planning-exempt works?

Yes, potentially. Party Wall Act is completely separate from planning permission. Even if your works are permitted development, you still need to follow the Act if the works fall within its scope.

What if I've already started works without serving notice?

Stop immediately and serve notice. You'll likely need a retrospective Award. Continuing risks an injunction. Consult a party wall surveyor urgently.

How long does the party wall process take?

Minimum 2 months for wall works (notice period) but typically 3-4 months total to allow for surveyor appointments, schedules, and Award preparation. Plan ahead!

Can I serve party wall notice myself, or do I need a surveyor?

You can serve notice yourself - templates are available online. However, many building owners use surveyors to ensure notices are correct and to avoid mistakes that could cause delays.

What happens if there's a dispute between the two surveyors?

The two surveyors must try to reach agreement. If they can't, they appoint a third surveyor who makes the final decision. The third surveyor's determination is binding.

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