If your neighbour is planning an extension, loft conversion, basement or other substantial works, you may receive a Party Wall Notice.
It is easy to dismiss the notice as just another piece of paperwork. However, the Party Wall etc. Act 1996 can give adjoining owners important rights and protections.
What does a Party Wall Notice mean?
A Party Wall Notice is served when proposed works fall within the scope of the Act.
Depending on the project, this can include:
- Work to an existing party wall or structure.
- Excavation close to a neighbouring building.
- Constructing a new wall on or at the boundary.
Receiving a notice does not necessarily mean that your property will be damaged or that you need to object.
Should you simply consent?
That depends on the circumstances.
If the proposed works are straightforward and you are satisfied with the arrangements, consenting may be appropriate.
However, where the works are more substantial, you may wish to understand exactly what is proposed before deciding how to respond.
What happens if you dissent?
If you do not consent, the Party Wall Act provides a mechanism for the adjoining owners to appoint surveyors.
The surveyor’s role is to deal with the relevant Party Wall matters and protect the interests of the adjoining owner within the scope of the Act.
This can include preparing or agreeing a Party Wall Award and recording the existing condition of the adjoining property.
What is a Schedule of Condition?
A Schedule of Condition records the apparent condition of relevant parts of the property before works begin.
It can provide useful evidence if damage is subsequently alleged.
The surveyor should record relevant defects and condition issues that are reasonably apparent during the inspection.
Can the neighbour just start work?
If Party Wall procedures apply, the building owner should not simply ignore the statutory process.
The appropriate notices, appointments and Award requirements should be dealt with before relevant works commence.
Stokemont’s advice
Receiving a Party Wall Notice does not mean that you need to panic or automatically appoint a surveyor.
But you should understand what the proposed works involve and what your options are before responding.
