If you're planning a project that includes a party wall, it's important to follow the Party Wall Act 1996 to protect your rights and the rights of your neighbours. Here are the steps you should take:
1. Check if your project requires a Party Wall Notice: The Party Wall Act applies to a variety of works that affect a party wall or structure, including:
- Demolishing, excavating, or altering a party wall
- Excavating within three meters of a party wall
- Inserting new beams or RSJs into a party wall
- Raising the height of a party wall
- Making alterations to a party fence wall
If your project involves any of these works, you will need to serve a Party Wall Notice to your neighbours. Get in touch and we can advise on the steps.
2. Serve a Party Wall Notice: A Party Wall Notice must be served in writing to all affected neighbours, typically two months before the intended start date of the works. The notice should include:
- Details of the building owner and their surveyor
- A description of the proposed works
- Plans and drawings illustrating the works
- A statement of the building owner's intention to carry out the works
3. Appoint a party wall surveyor/s: Once you have served a Party Wall Notice, your neighbours have initially 14 days to respond. If they agree to the works, no further action is required. However, if they have concerns about the works, they can issue a counter-notice. In this case, you and your neighbours will need to appoint an Agreed Surveyor to act for you both, or your neighbour has the right to appoint their own surveyor (at your cost).
If you are planning to carry out works that require a Party Wall notice to be issued or are unsure as to whether you need to issue a Party Wall notice then please do contact us so we can discuss how we can help.
4. Agree on a Party Wall Award: The party wall surveyors will then work together to draw up a Party Wall Award, which is a legally binding agreement that outlines the details of the works, including the method of execution, the timing of the works, and the arrangements for access and disruption.
5. Carry out the works in accordance with the Party Wall Award: Once the Party Wall Award has been agreed, you can start carrying out the works. You must follow the method of execution specified in the award and minimise any disruption to your neighbours.
6. Obtain a Party Wall Completion Certificate: Once the works are complete, you must obtain a Party Wall Completion Certificate from the party wall surveyors. This certificate confirms that the works have been carried out in accordance with the Party Wall Award.
Here are some additional tips for planning a project that includes a party wall:
- Communicate with your neighbours early and often. This will help to avoid misunderstandings and prevent disputes.
- Be prepared to compromise. It may be necessary to make some changes to your plans in order to accommodate your neighbours' concerns.
- Choose experienced party wall surveyors. This will help to ensure that the works are carried out safely and correctly.
By following these steps, you can help to ensure that your party wall project is a success.