Based on The Party Wall etc. Act 1996
A Party Wall Award sets the of engagement that must be adhered to, while building works are taking place within a property, that can have an effect on any neighbouring properties.
Building Owner? – Your rights under the Act
The Building Owner is the person who wishes to undertake work to alter or extend their building, close to the boundary with another property or land.
The Act provides a Building Owner, with additional rights which go beyond ordinary common law rights. The most commonly used rights include:
- To build close to or on the Line of Junction;
- To raise the height of a party wall (for example, adding another storey);
- To extend a party wall downwards (for example, to form a basement);
- To cut into a party wall to take the bearing of a beam (for example for a loft conversion).
We recommend that Building Owners have their plans checked over by an experienced party wall surveyor, to confirm whether the works come within the scope of the Act.
What you need to do
You must inform all adjoining owners (freeholders and leaseholders), before any works have taken place, sometimes giving either one to two months' notice ahead of time (depending on what works are being conducted).
We advise that Building Owners speak to their neighbours before serving the formal notice. Neighbours that feel they are being kept informed are more likely to “play ball” and consent to your works taking place. If work starts without a notice being given, an adjoining owner can seek to stop the work through a court injunction or seek other legal redress.
The Building Owner is responsible for making good any damage caused by the works or must make payment in lieu of making good if the Adjoining Owner requests it.
You don't need planning permission for your plans to serve notice, and once you've done so you can take up to a year to start work.
Other Party Wall Services Available
Here at SW17 Surveyors, we are also happy to assist with the serving of Party Wall Notices or carrying out Schedules of Condition. Please contact us, if you wish to discuss your matter further, or require some more information, on either of these services.
Adjoining Owner? – Your rights under the Act
An Adjoining Owner is anyone who is an owner of land, buildings or rooms adjoining those of the building owner (which may include the local authority).
If your neighbour serves you a Party Wall notice about intended work, you have 3 options:
- Consenting to works – The surveyor will contact the Building Owner and let them know that they can proceed with the works. No further documentation is needed.
- Dissent to works (option 1) – You can appoint the Building Owner's surveyor to act on your behalf also (Agreed Surveyor). The Agreed Surveyor will act impartially and prepare all the necessary documentation. The Agreed Surveyor will have further discussion with you to achieve full clarification of the works and the processes involved.
- Dissent to works (option 2) – Dissent to the works and appoint your own surveyor (Adjoining Owner's Surveyor)
Click here to see if you meet the requirements for a Party Wall Award, and what our process is.
Our pricing
Because Party Wall matters can be complicated, a quick chat with us on the phone will demystify and simplify matters. And our Fees will be given on enquiry.
Stage 1
Serving Party Wall Notices, in writing, to the owners of properties that will be affected by the “Notifiable Works”. These property owners are referred to as Adjoining Owners. They can either “Consent” or “Dissent” to the works. Our fees for serving Party Wall Notices will depend on the number of Adjoining Owners affected by the works.
Stage 2a
When Appointed as the Building Owner's Surveyor or as the Agreed Surveyor.
Our fees for a Party Wall Award, when acting as the Building Owner's Surveyor (or the Agreed Surveyor), will include the cost of visiting the Adjoining Owner(s)' properties, preparing the Schedule(s) of Condition and drafting the legal documentation which will protect all property owners, if any damage accidentally takes place. Our fees for Party Wall Awards will depend on the number of Adjoining Owners who require an Award.
Stage 2b
When Appointed as the Adjoining Owner's Surveyor.
Our fees for a Party Wall Award, when acting as the Adjoining Owner's Surveyor, will generally be less, than when acting as the Building Owner's Surveyor. This is because the Adjoining Owner's Surveyor, while they will accompany the Building Owner's Surveyor during the Schedule of Condition, will have more of a “checking role” when it comes to preparing the legal documentation. Their main role is to support the Building Owner's Surveyor by checking that have done it right and have not missed any essential component of the preparing and “serving” the Party Wall Award. In more complex cases, “two heads are indeed, better than one”.
Stage 3
Reinspection of the Adjoining Owner Property after the Works.
No charge. Costs are included in the fee for the Party Wall Award.
Disbursements
We also make a small charge for any additional expenses that we incur while carrying out the Party Wall procedures. These “disbursements” are for activities such as:
- Land Registry Checks @ £6 per check;
- Postage and packing @ cost;
- Travel Costs to and from property for Schedule of Condition or other site visits @ £0.45 per mile
The average cost of disbursements is around £30 for properties in South London or North Surrey.
For each additional Adjoining Owner, our fee is 50% of the fee to the first Adjoining Owner.
Contact Us
Call SW17 Surveyors today on 020 3327 2235 to arrange a survey report by Chartered Surveyors in London.
SW17 Surveyors Ltd is registered as a limited company in England and Wales under company number 06637656.
We are RCIS Registered Valuers, and full members of the Faculty of Party Wall Surveyors.
