Building Owner

Simply put, a Party Wall is a wall shared by both a Building Owner and an Adjoining Owner.

Primarily the Act is a framework which resolves disputes between two parties when certain building works take place. The Act also provides a mechanism to the Adjoining Owner to ensure their property is safeguarded and/or compensated when appropriate.

If you are digging foundations then at least one month before works commence. If you are undertaking works to the party wall then at least two months before works start.

If your proposed works trigger section 1, 3 or 6 of the Act then yes you will need to serve notice. We can quickly advise if your proposed works will impact an Adjoining Owner.

In almost all scenarios, the Building Owner will pay for the reasonable fees of both their surveyor and that of the Adjoining Owner. Simply put, in most circumstances the Adjoining Owner does not stand to benefit from the works. There will be complicated situations where fees are apportioned due to repairs to a defective shared structure as an example.

Any works which are subject to the Party Wall Act will require a Building Owner to (i) serve a party wall notice and (ii) have consent form the Adjoining Owner or have a Party Wall Award served from your surveyor.

When you excavate within 3m of a neighbour property (we mean physical buildings not land), and to a depth greater said foundations then a notice is required. There is also a 6m rule for deep foundations such has a piled design which will also apply.

We recommend immediately taking photos of your property close to the works to establish a prior condition. Then speak directly with your neighbour to inform them of the Party Wall Act and to cease works immediately until a Party Wall notice and resolution is sought. Failing this, you may seek legal redress to get a injunction to stop works – you should seek legal advice for this matter.