PARTY WALL MATTERS, WEST WICKHAM

If you are carrying out any kind of extension including loft you will need to check if your works are Party Wall notifiable and serve your adjoining owners (neighbours) suitable notices. If you are unsure, we can provide a no obligation review of your plans to check what if any notices are required.

If so, the works may fall under the Party Wall Act and require them to serve you appropriate notices to protect the Party Wall. If you are unsure if the proposed works a notifiable, please email us a copy of the plans and we will carry out a free no obligation check.

 ‘Building Owner’ who plans to undertake work regulated by the Act is required to notify all ‘Adjoining Owners’ through a written notice.

While there is no prescribed format for this notice, it should encompass the following details:

• The names and addresses of all owners (if there are joint owners, all must be included).
• The address of the property where the work will be conducted (which may differ from the owner’s current address).
• A comprehensive description of the intended work (including plans, if necessary, and any specifics regarding excavation).
• The proposed commencement date for the work (this date must fall after the relevant notice period).
• The notice should be dated, and it is recommended to include a clear indication that it serves as a notice under the Party Wall Act.

Typically, a minimum of two months’ notice must be provided prior to the intended start of work on the party wall. The notice remains valid for one year, thus it should not be issued too far in advance.

Adjoining owner(s) have a period of 14 days to respond. If they consent to the proposed work, such agreement must be documented in writing. Should an adjoining owner explicitly disagree or fail to respond within 14 days of receiving the notice, they are considered to have dissented, resulting in a statutory ‘dispute.’ Additionally, adjoining owners may issue a counter notice requesting further work to be included for their own benefit and at their own expense.

Each owner is required to appoint a party wall surveyor to represent them individually or to mutually agree on a single surveyor to act on behalf of both parties. If two surveyors are appointed to represent each owner, they must select a third surveyor. This third surveyor will be consulted if the two surveyors cannot reach an agreement or if either owner or surveyor requests the third surveyor to make an Award.

In this context, a surveyor refers to any individual other than the property owners themselves. It is advisable to select a qualified professional, such as a chartered construction expert, who possesses a thorough understanding of the relevant legislation. This individual may be a building surveyor, structural engineer, or architect with specialized expertise in party wall issues.

The surveyor (or surveyors) is responsible for resolving the dispute by issuing an ‘award’ (commonly referred to as a ‘party wall award’). This document outlines:

• The specific work to be undertaken.
• The schedule and methodology for the work, including restrictions on noisy activities.
• Any additional measures required to prevent damage, such as protective precautions.
• A record of the condition of the neighbouring property prior to the commencement of work, which is beneficial for identifying and attributing any potential damage to adjacent properties.
• Provision for the surveyor to access the site during the work to ensure compliance with the award.

Typically, the Building Owner is responsible for all expenses related to the preparation of the award, including the fees of the adjoining owner’s surveyors, provided that the works are solely for the benefit of the Building Owner.

We do. We also look after Party Wall Matters in BR4 Area, West Wickham.