What you have to do
If your work is covered by the Party Wall etc. Act 1996, you must follow the process before you start. In order:
- Check the Act applies. Work to a shared wall, a new wall on the boundary, and digging near a neighbour’s foundations are covered. See the Act explained.
- Find the right owners. That includes freeholders and long leaseholders, not only the household next door.
- Serve a valid notice in time. One month for a new boundary wall or excavation. Two months for work to a shared wall. See party wall notices.
- Get a response. Your neighbour has 14 days. Consent in writing ends the matter. Dissent, or silence, leads to surveyors and an award. See what to do when a neighbour has not replied.
- Have the condition recorded. A schedule of condition protects you against claims for damage that was already there.
- Wait, then start work. Do not start before the notice period has ended, and not before the award is served if there is one.
What we do for you
- Check your drawings and tell you which notices apply
- Serve them correctly, with the Land Registry check done first
- Suggest an agreed surveyor to your neighbour to save you the cost of two
- Act as agreed surveyor, or as your own surveyor if the neighbour appoints one
- Keep you informed so your builder knows what date to book
What it costs
As a general rule you pay the reasonable fees of both surveyors, because the work is for your benefit. Our fees are fixed and published: £70 for a notice, £350 for a schedule of condition and awards from £600. No VAT. See what each includes.
Mistakes that cost building owners time
- Starting work before the notice period ends
- Serving the notice on the wrong person, or missing an owner
- Describing the work too vaguely to be valid
- Serving a Section 3 notice but forgetting that the foundations need a Section 6 notice
- Leaving it until the builder is booked
Projects we are asked about most
Loft conversions, rear and side extensions, basements and underpinning, chimney breast removal and roofing work.
Questions from building owners
When should I start the party wall process?
As early as you can. A Section 3 notice needs two months and the award takes time after that. Ideally you serve notices when your drawings are settled and before you fix a start date with your builder.
Can my builder serve the notice?
The duty is on you as the building owner. A builder can help, but the notice must be valid and served on the right owners in time. If it is not, the delay and the legal risk are yours.
What if the neighbour objects to my project?
The Act cannot be used to stop the work itself. Objections to the development go through planning. The party wall process decides how the work is done and protects the neighbour’s property, and your neighbour cannot hold the project up for ever. See can my neighbour stop my building work?.