Step 1 – Serving Notices
- You must formally serve Notices to them to inform them under the act which clauses affect them in respect to your works in the proper and correct manner for them to be valid under the Party Wall Act.
- There are three Notices which cover works to the Party Wall, Excavation within 3 to 6 meters of your neighbour’s wall, and building on/near the Boundary Line between the two properties. If you’re unsure which apply, get in touch with us, and we will offer our service in sending out notifications on your behalf.
- How much Notice do I need to give? Depending on the work involved, you will need to notify your neighbour with 4 to 8 weeks’ notice prior to works commencing on the ‘notifiable’ elements covered under the act. If you’re unsure what is notifiable for your project, please contact us.
Step 2 – What Happens after Giving Notices?
- Once you have given notice, your neighbour has 14 days to reply. Your neighbour may:
- Agree to your works, at which point you are clear to proceed. However, it is also recommended that you get a schedule of conditions drawn up by a professional Surveyor, as this protects both parties if there is damage as a result of the work.
- No response or formal consent provided, therefore an award is required to be drawn up. A Party Wall Surveyor can be appointed as the ‘Agreed Surveyor’ for both sides, or each side can choose their own Surveyor. Regardless, Party Wall Surveyors are appointed under statute and therefore will be impartial and unbiased. Costs are usually paid by the building owner carrying out the works.
Step 3 – Surveyor’s Duties
- The Surveyor/s will carry out a schedule of conditions, which documents the condition of the Adjoining property prior to works commencing. The schedule of conditions forms part of the Party Wall Award.
- The Surveyor/s review the construction plans and ensure satisfactory information is available to ensure constructional details and due diligence has been taken to protect all property owners.
- The Award is served to all owners.
Do I Need a Party Wall Surveyor?
You should always appoint a Party Wall Surveyor, regardless of whether you get on with your neighbour or not. Party Wall Surveyors will detail the current condition of your property before the works begin, and should there be any damage after the works begin, the surveyors will be able to judge the extent of those damages. However, most importantly, when there is a dispute once works commence, the Party Wall Surveyor is the independent body that can make judgements to such disputes.
Who Pays the Surveyor’s Fees?
The surveyor’s costs are paid by the person carrying out the works.
Responding to the Notice
Get in touch with the team at Seven One Associates, and we will assist you further by providing advice on how to respond to the Notice. You are within your rights to request that an Award is drawn up to protect your own property as well as a schedule of conditions (condition report of your property).