Whether you’re redoing your kitchen or renovating your whole house, planning complex changes to your home takes considerable time and effort. You can spend so long focused on what’s going to happen within the walls of your home that it’s easy to lose sight of how your project might affect others – an oversight that can cause significant problems down the line. Don’t fall foul of the Party Wall etc Act 1996; make sure you serve Party Wall Notice and get your neighbours to consent.
What is a Party Wall Notice?
If you are carrying out work that affects a wall, fence, structure or boundary line shared by a neighbouring property, you must warn the property owner (known as the “Adjoining Owner”). This might include building a new wall, cutting into an existing wall and/or removing or rebuilding sections.
This warning will need to be given in a specific way, known as a Party Wall Notice. It’s recommended that you speak to a specialist surveyor who can determine the specific requirements for your case.
Who needs to be served a Party Wall Notice?
Before work can begin on a party wall, there is a specific process ensuring all Adjoining Owners are formally notified. Be aware that there may be more than one person that qualified as an “owner”, as the term includes Freeholders, Leaseholders with more than a year left on their lease, buyers that have exchanged contracts to purchase the freehold or leasehold and any landlord or similar party that is entitled to collect rent from the property (see more information here).
How does an Adjoining Owner respond to a Party Wall Notice?
There are three courses of action that an Adjoining Owner can take if they have been served with a Party Wall Notice. Before making any decision, it’s highly recommended that you get in touch with a surveyor to understand the situation and potential issues that might affect your home.
The first option is for the Adjoining Owner to respond with written consent within fourteen days of receiving the Notice. Although it might seem neighbourly, this option is seldom recommended as it gives the Building Owner permission to proceed with their project without shouldering any responsibility for resulting damage.
The more common option is for Adjoining Owners to dissent to the Notice and agree to share the same surveyor as the Building Owner to negotiate a Party Wall Award. By choosing this route, it keeps the Building Owner’s costs down but ensures the interests of both parties are protected. You can expect a Schedule of Condition to be taken of both homes so that any damages can be appropriately attributed and compensation fairly awarded.
A third option is available for homeowners that do not feel comfortable with the surveyor that has been appointed by the Building Owner. In this case, the Adjoining Owner can dissent to the Notice and appoint their own surveyor, with all reasonable costs covered by the Building Owner.
What if the Adjoining Owner doesn’t respond to a Party Wall Notice?
Once notice has been served, the Adjoining Owner(s) has 14 days to provide written consent. If they do not, they are considered to have dissented to the works and will receive a follow-up notice. This gives them an extension of 10 days to decide whether to use the same surveyor as the Building Owner, or appoint their own. If an Adjoining Owner fails to do this, the Building Owner’s surveyor will appoint a third-party surveyor on their behalf, so that Party Wall Negotiations can begin.
How can I persuade my Adjoining Owner to consent?
The law states that the Adjoining Owner(s) must have provided consent or agreed to the conditions of a Party Wall Award before work can commence. Although they cannot delay indefinitely, it does give neighbours the power to stall works at the expense of the Building Owner.
For this reason, Building Owners often look for ways to encourage their neighbours to provide consent. However, Party Wall matters are rarely (if ever) resolved by concealing aspects of the project or pressuring the Adjoining Owners.
Instead, it’s recommended that you:
- - Have an informal conversation with them about your plans
- - Make them feel included in the process
- - Listen to their concerns and try to address issues early
- - Pick your battles – making small compromises sets a positive tone
It’s always good practice to serve Notice as early as possible (preferably a few months before the project is due to commence) so that your neighbours don’t feel rushed into making a decision. If you simply cannot come to an agreement with your neighbour, don’t worry. The terms will be agreed on by your surveyor(s) in the form of the Party Wall Award.
