CWC Party Walls

When do I have to serve a Party Wall Notice?

The law governing Party Walls is called the Party Wall etc Act 1996

In summary, it lists 3 areas where this Act is applicable, and follow each link for an example case:

Section 1 - Line of Junction: where you want to build a new wall (including a garden wall) on the line between two pieces of land

Section 2 - Party Wall: where you want to repair or alter the wall separating two buildings

Section 6 - Adjacent Excavation: where your building is within 3 or 6 metres of your neighbour's building and you wish to dig down to below the level of your neighbour's foundations to construct new foundations or drainage

so...

if you are intending to carry out one or more of the above you need to let your neighbour know the details. This is usually done by a Party Wall Notice

Who Prepares the Notice and what Information is Required

A Party Wall Notice has no set format although there are standard forms available

The important thing is that the notice is addressed to the neighbour by name

It must include details of the propsed works and what sections of the Act apply. Drawings should accompany the Notice and if you are forming new foundations the depth of the foundations must be shown

A neighbour generally has 14 days to respond to a Notice

The Notice should be served by a surveyor conversant with the Act although it is not a requirement of the Act. The surveyor serving the Notice then becomes know as the "Building Owner's Surveyor"

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"......very pleased with the service and the manner in which it was conducted....."

What Happens After the Party Wall Notice has been Served?

Once a Notice has been served the, your neighbour has three options:

Option 1 - they can simply agree to you carrying out the works; or

Option 2 - they can agree to the same Party Wall Surveyor acting for both sides. The surveyor then becomes know as the "Agreed Surveyor"; or

Option 3 - they can appoint their own Party Wall Surveyor who then becomes know as the Adjoining Owner's Surveyor

In almost all circumstances the person serving the Party Wall Notice (the Building Owner) pays all surveyors' fees including the Agreed Surveyor's and the Adjoining Owner's Surveyor's

The role of the Agreed Surveyor or the Adjoining Owner's Surveyor is:

to review the design to ensure only works permitted under the Act are carried out
to review the design and ensure any works will not affect the neighbour's building
to inspect the neighbour's side of the Party Wall and agree a Schedule of Condition which is a written document and series of photos of the Party Wall. After the works are complete the Party Wall Surveyor will re-check the the Schedule of Condition and if any cracks or other damage has occured as a result of the neighbour's works, you will have to pay to have them repaired

Fees

In most cases, the person who serves the Party Wall Notice is responsible for paying all surveyors' fees

We charge from £725 no VAT for acting as Building Owner's Surveyor or Agreed Surveyor.

Follow this link to see our full services when acting as Agreed Surveyor or Building Owner's Surveyor

Once agreed the fee is fixed

We don’t charge VAT - so that's a saving

CWC PARTY WALLS chartered surveyors

18 Bladon Close, Guildford, Surrey GU1 1TY email: PartyWallsWestLondon@gmail.com

Tel: 07432 848 438

CWC Party Walls is the trading name of CWC PW Ltd. Company No10412793