Party Wall Act: unnecessary bureaucracy or a necessary protection for those planning home renovations? It’s a question we get asked a lot. Few Acts relating to property can cause as much frustration or expense as this one. We believe it’s a system in need of a shake-up.
The Act allows a neighbour to appoint their own surveyor at your expense in addition to your own surveyor and they can set their own fees. The cost of surveyors alone can run to thousands of pounds.
Legally documenting the condition of property before building work begins is definitely a sensible protection for all parties potentially impacted by works but, given Chartered Surveyors have a legal duty to represent the Act impartially, it stands to reason that one surveyor per case should be enough.
The Party Wall Act 1996 applies to most extensions and basement and loft conversions. Legally you must tell your neighbours if you plan to build on or at the boundary of your properties, work on an existing party wall or dig below or near to the foundation level of their property. The Act also applies to excavations within three or six metres of a neighbouring property (depending on the depth of your planned foundations)
Your neighbour can’t stop you making changes – as long as the changes are within the law – but they can influence how and when your works are carried out. You must give them written notice of your intended works at least two months before your planned start date.
The surveyor drafts a Party Wall Award, which sets out your rights and responsibilities about how work should proceed and covers issues such as working hours, access for surveyors during the works and what happens in case of damage.
Surveyors appointed by the building owner typically charge a fixed fee, while the neighbour’s surveyor often charges by the hour – in London the average hourly cost is £140. The final fee must be agreed before the award can be served.
Failure to comply with the Act could result in court action to halt building work and, if major damage is caused, a judge can instruct you to pay compensation to your neighbour and legal fees.
The best advice I can offer is to talk to your neighbour before appointing a surveyor – try to get off on a good foot so they agree to appoint an ‘agreed surveyor’ (just one surveyor to represent you both). Saving the cost of a second surveyor’s fees could amount to a £1,500 saving.
For more information about the Party Wall Act, visit https://www.gov.uk/party-walls-building-works/overview
