Party Wall Matters
We Provide Party Wall Services to both Commercial & Residential Clients
Commercial
Residential
01
Overview
You must tell your neighbours if you want to carry out any building work near or on your shared property boundary, or 'party wall', in England and Wales.
Party walls stand on the land of 2 or more owners and either:
- check form part of a building
- check don't form part of a building, such as a garden wall (not wooden fences)
Walls on one owner's land used by other owners (2 or more) to separate their buildings are also party walls.
Party structures
You can also have a 'party structure'. This could be a floor or other structure that separates buildings or parts of buildings with different owners, eg flats.
Party wall agreements are different from planning permission or building regulations approval.
There are different rules in Scotland and Northern Ireland.
02
Work you must tell your neighbour about
You must tell your neighbour if you want to:
- check build on or at the boundary of your 2 properties
- check work on an existing party wall or party structure
- check dig below and near to the foundation level of their property
Examples of this type of work include:
building a new wall
cutting into a party wall
making a party wall taller, shorter or deeper
removing chimneys from a party wall
knocking down and rebuilding a party wall
Find more details of work you need to tell your neighbour about in the gov.uk party wall explanatory booklet.
Your neighbours can't stop you from making changes to your property that are within the law, but they can affect how and when your works are carried out.
What you don't need to tell them about
You don't need to tell your neighbour about minor changes, eg plastering, adding or replacing electrical wiring or sockets, or drilling to put up shelves or cabinets.
Contains public sector information licensed under the Open Government Licence v3.0.
03
When and how to tell them
You must give notice to your neighbour between 2 months and a year before you plan to start building works. Include what you plan on doing.
You can speak to your neighbour to explain the work you want to carry out, before giving notice in writing.
Find letter templates and more information on giving notice in the party wall explanatory booklet. It is really important that the information contained in the notice is correct as if the Works are disputed the notice can be called into question and might need to be served again if found to be inadequate. Pariter can prepare and serve the relevant notices on your behalf.
Any agreement you reach should be in writing.
04
Reaching an agreement with your neighbours
Once you've given notice your neighbour can:
- check give consent in writing
- check refuse consent, which will start the dispute resolution process
- check serve a counter notice requesting additional works be done at the same time (they'll have to pay for these if they benefit from the works)
Your neighbour must let you know in writing within 14 days if they consent to your notice, and you must do the same with any counter notice. A counter notice must be served within a month of the first notice.
Find examples of counter notice letters in the party wall booklet.
Your neighbours need to respond to the notice. You can't assume that no response means they agree to the works.
The dispute resolution process will also start if they don't respond to your notice within the given time.
Who pays for the work
You need to pay for any building works that you start on a party wall.
Your neighbour may have to meet a share of the cost if the work needs to be done because of defects or lack of repair. They will also need to pay if they ask for additional works to be done that will benefit them.
An appointed surveyor will set out who pays what if you can't agree.
05
If you can't agree
You must appoint a surveyor if you and your neighbour can't agree. You can appoint a surveyor together or each appoint your own. The surveyors will then agree on a 'party wall award'.
This is a legal document which says:
- check what work should happen
- check how and when it will be carried out
- check who will pay for which part and how much will be paid (including surveyor's fees)
You can't act as your own surveyor.
If your neighbour doesn't appoint a surveyor
You can appoint a surveyor on behalf of your neighbour if they refuse or fail to do so themselves.
If you don't agree with the award
You can appeal against an award at a county court within 14 days of receiving it. You need to file an appellant's notice in a county court, explaining why you're appealing.
06
When works begin
When carrying out building works you must:
- check avoid causing unnecessary inconvenience
- check protect your neighbour's property from damage caused by the works, and fix or pay for any damage that is caused
Access to your neighbour's property
Your neighbour must allow surveyors and workmen access to their property during usual working hours to carry out the building works.
They must be given 14 days' notice except in an emergency.
VALUE
Two Decades of Service.
Pariter have been undertaking Party Wall services since the inception of the Act over two decades ago. We offer excellent advice and support that is economic, effective, and efficient.
Economic
Effective
Efficient
