Tayross Associates Chartered Building Surveyors | Party Wall Rates London | Party Wall Surveyor West London | Building/Structural RICS Survey London

The Party Wall Award sets out the framework for the proposed works and protects the interests of both the Building Owner (undertaking the works) and the Adjoining Owner (neighbour). Specifically, the Award:

Defines the Scope of the Work:
Outlines what works will be carried out and the methods to be used.

Establishes Work Conditions:
Specifies when and how the work will be done, such as prohibiting noisy activities at weekends for domestic properties.

Includes Necessary Safeguards:
Identifies any additional measures needed to protect adjoining properties, such as retaining walls or foundation reinforcements.

Records the Condition of the Adjoining Property:
Includes a Schedule of Condition, documenting the state of the neighbouring property before work begins. This ensures any damage caused by the works can be properly attributed and rectified.

Grants Inspection Rights:
Allows surveyors to access the site during construction to verify that the works comply with the terms of the Award.

Under The Party Wall etc. Act 1996, the "Notice" is the written statement given to an adjoining owner(s) from the building owner which should set out details of the proposed works to be carried out on/near the party wall.

The Notice has to be served at least two months before the planned starting date for work to the party wall. The adjoining Owner may agree to allow works to start earlier but is not obliged to do so - even when agreement on the works is reached. The notice is only valid for a year, so it should not be issued too far in advance of the desired start date.

Whilst there is no official form for giving notice under the Act, a notice must include the following details:-

- Your own name and address (joint owners must all be named, e.g. Mr A & Mrs B Owner)
the address of the building to be worked on (this may be different from your main or current address)
- A full description of what you propose to do (it may be helpful to include plans but you must still describe the works)
- When you propose to start (which must not be before the relevant notice period has elapsed)

The notice may be delivered to the Adjoining Owner(s) in person or sent by post. Where the neighbouring property is empty or the owner is not known, you may address the notice to "The Owner".

The Award not only ensures the works are conducted fairly and safely but also provides a clear record for both parties to avoid future disputes. It's highly recommended to keep a copy of the Award with your property deeds once the works are completed, as it may be needed in future property transactions or legal matters.

For a professional and seamless Party Wall process, Tayross Associates can assist at every step, from serving notices to preparing a detailed Party Wall Award.

The costs for the Party Wall Award and related surveyor fees are typically determined by the appointed surveyor(s) and outlined in the Award itself.

In most cases, if the proposed works are solely for the benefit of the Building Owner - for example, constructing an extension, undertaking loft conversions, or similar projects - the Building Owner is responsible for covering all associated fees.

However, in certain cases, the costs may be split between the parties. This might occur if the works also benefit the Adjoining Owner, such as rebuilding a shared Party Wall or repairing structural defects. The division of costs would then be based on the extent of the benefit to each party, as determined by the surveyor(s).

A Party Wall Surveyor is responsible for ensuring that works impacting a Party Wall, boundary, or neighbouring structure are managed fairly and comply with the Party Wall etc. Act 1996. After a Party Wall Notice has been served, the surveyor(s) prepare a legally binding document known as a Party Wall Award.

Essentially, an Adjoining Owner is anyone with an interest greater than a yearly tenancy in the adjoining property, or the property next door to your own.

The adjoining property may have a freehold owner, a leasehold owner and/or a long-term tenant, each or all of whom may be an 'Adjoining Owner' under the Act.

Where there is more than one owner of the property, or more than one adjoining property, then it is your duty to notify all Adjoining Owners.

If you've received a Party Wall Notice, it's important to follow these steps:

Seek Advice from a Party Wall Surveyor - A surveyor can advise you on your rights and obligations under the Party Wall etc. Act 1996.

Consider a Party Wall Agreement or Award - Depending on the surveyor's guidance, you may need to arrange for a formal agreement to safeguard your property.

Do Not Sign Generic Agreements Without Advice - Signing a standard agreement form provided with the notice waives your right to appoint a surveyor. This could result in:

- The works proceeding without a proper schedule of condition for your property.
- Difficulty proving any damage caused, leaving you to pursue any claims on your own.
- The Party Wall Act is there to protect you, as the proposed works could potentially affect your property. Complying with the Act is a relatively small cost for your neighbour, and you are entitled to the protections it offers.

Before signing any forms, speak to a Party Wall Surveyor to ensure you are fully informed. I am happy to provide tailored advice with no obligation.

If your neighbour hasn't responded to the Party Wall Notice:

Try Talking to Them - It's always a good idea to have a conversation before serving a notice to avoid it seeming impersonal. If you've already sent the notice, follow up with a friendly chat to ensure they've seen it.

Check Ownership Details - The lack of response could be because:
- The property is rented, and the tenants are ignoring the notice.
- The owner is overseas or the notice was sent to the wrong address.
- Conduct a Land Registry search to confirm the owner's registered address and resend the notice if necessary.

Act After 14 Days - If there's no reply within 14 days, this is considered a "dissent" under the Party Wall etc. Act 1996. You are then required to:
- Appoint a surveyor to act for both parties.
- Note that in this scenario, the same surveyor cannot act as the Agreed Surveyor for both you and your neighbour.

Taking these steps ensures compliance with the Party Wall Act while protecting your rights.

The key to successfully agreeing on one surveyor for both parties is transparency and open communication. Here's how you can encourage your neighbour to agree:

- Discuss Your Plans Clearly - Share your building plans with your neighbour and explain the benefits of having an impartial Agreed Surveyor, whose role is to act as a neutral party for both sides.

- Highlight Impartiality - Under the Party Wall etc. Act 1996, both parties can agree to use the same Party Wall Surveyor, known as the "Agreed Surveyor." Emphasise that the surveyor must act without bias and cannot be someone already involved in supervising your building work.

- Build Trust in the Process - Reassure your neighbour that qualified surveyors, such as RICS Chartered Surveyors, are bound by strict codes of practice. These codes ensure honesty, transparency, and fairness, even if the Building Owner is paying for the surveyor's services.

- Offer a Choice of Surveyor - Allowing the Adjoining Owner to select the Agreed Surveyor can help foster transparency and reduce concerns about conflicts of interest.

- Explain the Benefits - Using one Agreed Surveyor simplifies the process, reduces communication issues, speeds up decision-making, and promotes amicable relations between neighbours.

Most neighbours are open to this arrangement once they understand the role and ethical obligations of the surveyor. It's a cost-effective, efficient solution that ensures fairness for all parties involved.

A Terminal Schedule of Dilapidations is a formal document issued by a landlord (or their surveyor) towards the end of a commercial lease or after it has expired. It outlines breaches of the lease covenants regarding the condition of the property and specifies the repairs, reinstatements, and redecorations required to restore the property to the agreed standard under the lease terms.

In the UK, a physical boundary (e.g., a fence or hedge) does not automatically constitute a legal boundary. A legal boundary is an invisible line that separates one property from another and is determined by the property deeds or registered title held by the Land Registry.

How Can a Physical Boundary Become a Legal Boundary?
- Adverse Possession - Over time, a physical boundary may become a legal boundary if someone occupies land without the owner's permission and meets certain conditions. This process is often called "squatter's rights" and involves:

- Factual Possession - Using the land as your own (e.g., enclosing, maintaining, or exclusively occupying it).

- Intent to Possess - Intending to exclude others, including the legal owner, from the land.

- Time Requirement - Occupying the land for 10 years (for registered land) or 12 years (for unregistered land).

- By Agreement - Neighbouring property owners can formally agree to change the location of a legal boundary. This process involves:
Updating property deeds.
Amending Land Registry records to reflect the new boundary.