The short answer
| Your situation | Is a surveyor needed? |
|---|---|
| The work is not covered by the Act | No |
| A valid notice has been served and the neighbour consents in writing | Not required by the Act, but a schedule of condition is wise |
| The neighbour dissents | Yes. Surveyors must be appointed to make an award |
| The neighbour says nothing for 14 days (Section 3 or Section 6) | Yes. The Act treats silence as dissent |
| A Section 1 notice and the neighbour does not consent | Not in the same way. The wall cannot be built across the boundary, only wholly on the building owner’s land |
When the work is not covered
The Act covers three things: a new wall on the boundary, work to an existing party wall or party structure, and excavation near a neighbouring building. Plenty of building work is outside it, such as minor jobs like fixing shelves, adding sockets or replastering, and work that never touches the shared wall or goes near a neighbour’s foundations. See the Act explained.
When the Act requires a surveyor
If a neighbour dissents from a notice, or is treated as dissenting because they did not reply, a dispute has arisen. The Act settles disputes in one way: by surveyors. Either:
- both owners agree on one agreed surveyor, or
- each owner appoints their own, and the two make the award together.
An owner who will not appoint can be asked in writing to do so. If they still do not appoint within 10 days, the other owner can appoint a surveyor on their behalf. The surveyors then make a party wall award.
When it is your choice
If your neighbour consents in writing, nobody has to be appointed. Owners still sometimes choose a surveyor, for four reasons:
- To get the notice right. A notice must be valid, served on the right people and in time. See can I serve my own notice.
- To record the neighbour’s property before work starts, so that a later crack can be judged fairly.
- To protect against claims, because without a record it is one person’s word against another’s.
- To satisfy a buyer’s solicitor later, who may ask for the notices and any award.
If your neighbour has not served a notice
- Ask them in writing whether they have considered the Party Wall etc. Act 1996 and whether a notice is to be served.
- Take dated photographs of the walls, ceilings and chimney of your home nearest the work.
- If they refuse or the work starts, speak to a party wall surveyor straight away. Once work begins it is too late for a record of your property taken beforehand, and the notice periods have already been bypassed.
- Remember that the Act has no criminal penalty. The remedies are civil, such as an injunction or damages, which is why it is better to deal with it early.
What a party wall surveyor does
- Checks that notices are valid and the work is described clearly
- Records the condition of the neighbouring property
- Makes the award, setting out how the work may be carried out and who pays
- Deals with the other surveyor and the builder
- Visits if something goes wrong during the work
What it costs
As a general rule the building owner pays the reasonable fees of both surveyors. Our fees are fixed: £70 for a notice, £350 for a schedule of condition and from £600 for an award, with no VAT. See who pays and our fees.
Not sure?
Call us for free on 0800 999 1947. We will tell you whether the Act applies to your work, and whether you need us at all.
Questions about party wall surveyors
Can my architect or builder act as the party wall surveyor?
They can help with drawings and explain the work, but the surveyors appointed under the Act settle a dispute between two owners and must act impartially. That is much easier when the surveyor is independent of the design and build team, so we recommend using a separate party wall surveyor.
Do I need a surveyor if I am the neighbour and I consent?
No. If you consent in writing to a valid notice there is no dispute, so no surveyor has to be appointed. We still recommend asking for a schedule of condition, so there is a record of your property.
Do I need a surveyor if my neighbour has not served a notice but is starting work?
Get advice quickly. If the work is covered by the Act, the building owner should have served a notice. Write to them asking whether they have, photograph the condition of your property, and call a surveyor. The remedies for work done without notice are civil, such as an injunction or damages, so it is better to act before the work gets far. See what to do when work starts without a notice.
How do I choose a party wall surveyor?
Look for experience of party wall work, membership of a professional body, professional indemnity insurance and a fee in writing before you instruct them. Ask whether the fee is fixed or hourly, whether it includes VAT, and how many neighbours it covers.