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Party Wall Surveyor Resource Library & 120-FAQ Hub
Basic
Q: What is a Party Wall Survey?
A Party Wall Survey records the condition of shared walls, floors, or foundations before building work begins. It serves as a benchmark to protect both owners against false damage claims and ensures legal compliance. Think of it like a health check for the parts of your home you share with neighbours.
Q: Who needs a Party Wall Surveyor in London?
Anyone planning structural works on terraced or semi-detached properties in London, such as loft conversions, extensions, basements or chimney removals, needs a Party Wall Surveyor. London’s dense housing means most works impact a party wall. Hiring a surveyor ensures you follow the Party Wall Act 1996 and avoid costly disputes.
Q: Is a Party Wall Survey legally required?
Yes, when your building works fall under the Party Wall etc. Act 1996, you must legally serve notice and, if your neighbour dissents, appoint a Party Wall Surveyor. Failure to follow the Act can lead to injunctions stopping your project and significant legal costs. It’s not a voluntary step but a statutory obligation.
Q: Can I do a Party Wall Survey myself?
No. The Act requires the surveyor to be impartial and not personally involved in the works. While in theory any competent person could act, in practice only qualified professionals are accepted by neighbours and courts. Doing it yourself risks invalidating the process and leaves you exposed legally.
Q: How long does a Party Wall process take?
Typically 4–8 weeks, depending on the complexity and your neighbour’s response. Simple projects with friendly neighbours may be quicker; basements or multiple neighbours can take 12 weeks or more. Starting early avoids delaying your construction schedule.
Q: Do small jobs like plastering need a Party Wall Survey?
No. The Act covers structural works affecting walls, foundations or excavations within 3–6 metres of a neighbouring property. Cosmetic works such as painting or plastering do not require notices or a survey. Always check if your works involve cutting into or supporting a shared wall.
Q: What is a Party Wall Award?
A Party Wall Award is the legal document agreed by appointed surveyors that sets out the scope of the works, protections for the neighbouring property, access arrangements, working hours and how any damage will be dealt with. It is binding on both parties and remains valid only for the defined works.
Q: Can my architect act as my Party Wall Surveyor?
Only if both you and your neighbour agree and the architect is truly impartial. Because your architect is usually closely involved in designing the works, neighbours often reject them as surveyors. It is safer to appoint a separate surveyor who understands party wall law.
Q: What happens if I skip the Party Wall process?
Your neighbour can apply to court for an injunction stopping your works until you comply with the Act. They can also claim damages and recover their legal costs from you. Projects have been shut down at short notice, costing owners thousands and delaying completion for months.
Q: Does the Party Wall Act apply in Scotland?
No. The Party Wall etc. Act 1996 applies only to England and Wales. Scotland has different property laws. If you own properties in Scotland, seek advice specific to Scottish law.
Q: How much does a Party Wall Survey cost in London?
For straightforward works like a typical loft conversion or extension, surveyors charge between £800 and £1,500. If there are several neighbours or disputes, costs can rise to £2,000–£3,500 or more. Investing in a proper survey can save much greater costs later.
Q: What’s the biggest mistake homeowners make?
Starting works without serving notice or assuming a friendly conversation is enough. Even if your neighbour seems agreeable, you must serve a formal notice and, where necessary, prepare a Schedule of Condition. Otherwise you may be held liable for pre-existing cracks and delays.
Party Wall Act
Q: What does the Party Wall etc. Act 1996 cover?
The Act regulates building works that affect shared walls, party fence walls, or excavations within 3 or 6 metres of neighbouring structures. It requires you to serve notice and, if neighbours dissent, appoint surveyors to agree on an Award. The Act exists to prevent and resolve disputes, not to stop work.
Q: What are Sections 1, 2 and 6 of the Act?
Section 1 covers building a new wall astride or on the boundary line. Section 2 deals with works to an existing party wall or structure, such as cutting into it or raising it. Section 6 covers excavations within three metres (and deeper than the neighbour’s foundations) or six metres (when using deeper foundations). Different notice periods and rights apply to each section.
Q: What if my neighbour ignores the notice?
If they neither consent nor dissent within 14 days, the law treats their silence as a dissent. You must then appoint surveyors to agree an Award. Do not assume silence means you can proceed; failure to treat silence as dissent could invalidate your works.
Q: Can I appeal against the requirements of the Act?
Not generally. The Act is statute; you must comply if your works are within its scope. You can appeal the terms of an Award in the county court within 14 days, but you cannot opt out of the Act altogether.
Q: What if my neighbour lives abroad?
You must still serve notice at their last known residential or place-of-work address. Sending a copy by email or to a managing agent is prudent but does not replace the requirement to send a formal notice. If the notice is returned undelivered, seek legal advice.
Q: Do I need to serve notice for internal works?
Only if the internal works affect the structural or load-bearing parts of a party wall, such as removing a chimney breast. Non-structural internal works, like replastering, do not trigger the Act.
Q: What happens if my works damage my neighbour’s property?
Under the Act, you must make good any damage or compensate your neighbour. The Schedule of Condition will help to identify whether damage pre-existed. If you and your neighbour cannot agree, the surveyors will determine the cost of repairs.
Q: How much notice do I need to give under the Act?
For works under Sections 1 and 2, you must serve notice at least 2 months before starting. Section 6 excavations require 1 month’s notice. These are statutory minimums; sending notices earlier helps secure consent and plan around any dissents.
Q: Can I start work before the notice period ends if my neighbour consents?
No. Even if your neighbour signs and returns consent immediately, you should still respect the statutory notice period to reduce the risk of procedural challenges. Surveyors sometimes shorten the period for minor works, but the safest course is to wait.
Q: Does the Act cover garden walls and fences?
Yes, if the wall is built astride the boundary and is made of masonry; these are called party fence walls. Timber fences do not fall under the Act. Building or modifying a party fence wall requires notice and, if necessary, an Award.
Q: Can the Act stop my project completely?
No. The Act is designed to facilitate works by protecting both parties. It gives rights to build and to have works carried out, but with safeguards. Only a court can stop works, usually if the building owner has failed to follow the Act.
Q: If my builder causes damage, am I responsible?
Yes. The building owner remains responsible for works carried out on their behalf. You may have a contractual claim against your builder, but under the Act you must compensate your neighbour and deal separately with your builder.
Q: Can tenants sign Party Wall Notices?
Not unless they have a lease for more than 21 years or are freeholders. Only owners of the property can consent to or dissent from works. Tenants with shorter leases should inform the freeholder.
Q: Does failing to respond count as consent?
No. Failing to respond within 14 days counts as dissent. Only a written consent from your neighbour enables you to proceed without an Award. Always follow up if a neighbour does not reply.
Notices & Agreements
Q: What is a Party Wall Notice?
A Party Wall Notice is a formal letter served on neighbouring owners informing them of your proposed works under the Act. It must describe the works, include relevant drawings and specify when you intend to start. It is the first step in the party wall process.
Q: What makes a Party Wall Notice invalid?
Common errors include inaccurate addresses, missing descriptions of the works, failing to include drawings, wrong dates or not giving sufficient notice. Invalid notices can result in disputes or injunctions. Using a qualified surveyor ensures notices comply with the Act.
Q: Do I need to include drawings with my notice?
Yes. Plans and sections illustrating the proposed works help your neighbour understand their impact and are often required by surveyors. Without them, your neighbour may dissent and appoint a surveyor simply because they lack information.
Q: What happens if my neighbour consents?
You can proceed without a formal Award, but you should still prepare a Schedule of Condition to record the neighbour’s property state. Consent does not remove your liability for damage. Many homeowners regret skipping this evidence when disputes later arise.
Q: What if my neighbour dissents?
You must appoint a surveyor and your neighbour must either appoint their own or agree to a single surveyor. The surveyor(s) will then prepare an Award setting out the terms on which you may carry out the works.
Q: Can we use one surveyor for both parties?
Yes. If both parties agree, an Agreed Surveyor can act impartially for both. This often saves time and money because there is no need for separate surveyors to negotiate. However, in complex or contentious projects, separate surveyors may still be advisable.
Q: What happens if we can’t agree on surveyors?
If either party refuses to appoint a surveyor, you can apply to the local magistrates’ court or county court for an appointment. However, most surveyors resolve these issues without needing court intervention.
Q: Does a Party Wall Award include cost allocations?
Yes. The Award will set out who pays the surveyor’s fees and any additional costs for protective measures or compensation. The usual practice is that the building owner pays, unless both parties benefit equally from the works.
Q: How do I serve a Party Wall Notice?
Notices can be delivered in person, sent by post or served electronically if your neighbour agrees. To be valid, they must include your name, address, a description of the works, the start date and be signed. Use a standard template and keep proof of service.
Q: Is a Party Wall Agreement the same as a Party Wall Award?
Yes. In the context of the Act, the correct term is an Award. Some people refer to it as an agreement, but the document drawn up by surveyors is legally an Award. It specifies rights, responsibilities and the works permitted.
Q: How binding is a Party Wall Award?
It is binding on both parties once served and enforceable in court. If either party fails to comply—such as by refusing access or ignoring the schedule of works—the other party can obtain an injunction to enforce the Award.
Q: How long does a Party Wall Award remain valid?
It is valid only for the duration of the works described. If you change the design or delay the project significantly, you may need to serve fresh notices and obtain a new Award. Awards do not give indefinite permission for future works.
Q: Can I reuse an old Party Wall Notice for new works?
No. Each new project requires its own notice and, where appropriate, its own Award. Notices and Awards are specific to the works they describe. Reusing an old notice risks non-compliance and disputes.
Q: Can I draft my own Party Wall Award?
Under the Act, only appointed surveyors have the power to make an Award. Neither owners nor their contractors can draft a legally valid Award. Attempts to do so may be unenforceable and leave you at risk of disputes.
Q: Who keeps copies of the Party Wall Award?
Both owners and the surveyor(s) must retain a signed copy. It is good practice to keep your copy in a safe place, as it may be needed if disputes arise later or if you sell your property.
Costs & Fees
Q: Who pays for the Party Wall Surveyor?
Usually the building owner—the person carrying out the works—pays both their own surveyor’s fees and those of the adjoining owner’s surveyor. This reflects the principle that the building owner is seeking to exercise rights under the Act.
Q: Can costs ever be shared?
Yes, if both parties derive benefit from the works. For example, if you and your neighbour agree to build a new shared wall or raise an existing one, costs may be divided according to the benefit each receives. Surveyors will decide any apportionment.
Q: How much do Party Wall Surveyors charge?
Fees vary depending on location, complexity and experience. In London, simple projects cost around £800–£1,500 per surveyor. Complex basements or disputes involving multiple parties can see fees exceeding £3,500 per surveyor. Always obtain clear quotes.
Q: What about surveyor fees in disputes?
If two surveyors and a third surveyor are involved, the costs can increase significantly. Hourly rates range from £150 to £250. Delays caused by uncooperative neighbours or unclear drawings often increase the total bill.
Q: Can I negotiate the surveyor’s fees?
Yes. Some surveyors offer fixed-fee services for straightforward projects. Ensure you understand what is included: some fixed fees cover only the initial notice and exclude site visits or additional time if your neighbour dissents.
Q: What is the costliest mistake you can make?
Yes. If your neighbour requests additional works that benefit them, such as strengthening a shared wall or improving sound insulation, they may be required to contribute to the extra cost. The Award will specify the contributions.
Q: Are Party Wall Surveyor fees tax deductible?
Failing to serve notice or appoint a surveyor can lead to injunctions and legal fees far exceeding the cost of a survey. One London homeowner spent over £10,000 on court costs after starting a basement dig without notices.
Q: Do neighbours ever contribute to costs?
For works under Sections 1 and 2, you must serve notice at least 2 months before starting. Section 6 excavations require 1 month’s notice. These are statutory minimums; sending notices earlier helps secure consent and plan around any dissents.
Q: What about legal fees?
The Act does not cover legal costs. If a dispute escalates to court, each party will bear their own legal fees unless the court orders otherwise. Resolving matters through surveyors is usually much cheaper.
Q: Do surveyors charge hourly or fixed fees?
Both exist. Fixed fees offer certainty for simple projects. Hourly rates are common in complex matters or disputes. Ensure you know which applies, what triggers additional charges and when you will be invoiced.
Q: Can I get a free quote from a Party Wall Surveyor?
Yes. Most reputable surveyors offer a free initial consultation or quote. They can advise whether your works fall under the Act, what notices you need and provide a cost estimate before you commit.
Q: Do cheaper surveyors save money?
Not necessarily. Inexperienced or unqualified surveyors may fail to serve valid notices or prepare robust Awards, leading to disputes that cost far more than a slightly higher fee would have. Choose based on expertise and reputation, not just price.
Q: Can insurance cover Party Wall Survey costs?
Some home or legal expenses insurance policies include cover for neighbour disputes, which may reimburse surveyor or legal fees. Check your policy and notify your insurer before works begin.
Q: What happens if I refuse to pay the surveyor?
The surveyor can sue you in the county court to recover fees. Because Party Wall Awards are binding, courts usually enforce them. Non-payment also risks delaying your project, as your neighbour may refuse to allow access until fees are settled.
Q: Do Party Wall Survey fees vary by borough?
Yes. Central boroughs like Kensington & Chelsea and Westminster often command higher fees due to property values and complexity, whereas outer boroughs may be cheaper. Always get quotes from surveyors familiar with your area.
Neighbour Relations
Q: What are Sections 1, 2 and 6 of the Act?
Section 1 covers building a new wall astride or on the boundary line. Section 2 deals with works to an existing party wall or structure, such as cutting into it or raising it. Section 6 covers excavations within three metres (and deeper than the neighbour’s foundations) or six metres (when using deeper foundations). Different notice periods and rights apply to each section.
Q: Can I start work before the notice period ends if my neighbour consents?
No. Even if your neighbour signs and returns consent immediately, you should still respect the statutory notice period to reduce the risk of procedural challenges. Surveyors sometimes shorten the period for minor works, but the safest course is to wait.
Disputes
Q: What are Sections 1, 2 and 6 of the Act?
Section 1 covers building a new wall astride or on the boundary line. Section 2 deals with works to an existing party wall or structure, such as cutting into it or raising it. Section 6 covers excavations within three metres (and deeper than the neighbour’s foundations) or six metres (when using deeper foundations). Different notice periods and rights apply to each section.
Q: Can I start work before the notice period ends if my neighbour consents?
No. Even if your neighbour signs and returns consent immediately, you should still respect the statutory notice period to reduce the risk of procedural challenges. Surveyors sometimes shorten the period for minor works, but the safest course is to wait.
Special Cases
Q: What are Sections 1, 2 and 6 of the Act?
Section 1 covers building a new wall astride or on the boundary line. Section 2 deals with works to an existing party wall or structure, such as cutting into it or raising it. Section 6 covers excavations within three metres (and deeper than the neighbour’s foundations) or six metres (when using deeper foundations). Different notice periods and rights apply to each section.
Q: Can I start work before the notice period ends if my neighbour consents?
No. Even if your neighbour signs and returns consent immediately, you should still respect the statutory notice period to reduce the risk of procedural challenges. Surveyors sometimes shorten the period for minor works, but the safest course is to wait.