What do I need to do in relation to the Party Wall Act?

A useful, but very detailed, booklet explains the entire process and can be downloaded from the following link https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance. Section 4 of the booklet is helpful in answering ‘Frequently Asked Questions’. The process in general terms however is as follows,

• Give your neighbour written notice of your intentions, including any necessary drawings to show the proposed works, between 2 months and a year prior to your construction works commencing. Your Architect can help provide this information for you. The notice can be a standard letter, either your own which includes the important details of the works being proposed or you can use one that can be downloaded from the Government website, on which you fill in your own details and that of the project.

• The neighbour needs to respond, in writing, within 14 days of you serving this notice, either advising of their acceptance or objection to the project or serving a counter-notice advising on additional works that will be done at the same time. The neighbour will need to pay for any additional works themselves.

• If an objection is raised, the dispute resolution process will begin. You can appoint a Party Wall Surveyor together with your neighbour or you can each appoint your own. Your Architect is unable to provide Party Wall surveying services, as under the party wall act they are considered 'involved in the design process' and therefore cannot be classed as ‘unbiased’ in resolving a disagreement. If your neighbour doesn’t or refuses to appoint a surveyor, you can do so on their behalf.

• If there is no response, then it is deemed that a dispute has arisen and a Party Wall Surveyor needs to be appointed as if a written objection has been raised. In this situation it is however best to approach your neighbour prior to appointing the surveyor to allow the situation to be rectified and a potential acceptance to be granted. It may just be they have forgotten to respond with the timescales noted on your letter.

The May 2016 update allows for notices and other information to be sent between parties electronically, as long as both parties are in agreement.

Should I do anything prior to giving my neighbour official notice?

• It is always beneficial to discuss your project with your neighbours from the very start and at appropriate points as it progresses in order to minimise 'surprises' and any potential objections.

• It’s also helpful to alert them to the party wall works as soon as you know about them. In this way the official notice will only be telling them what they already know.

If I need a Party Wall Surveyor (PWS), what will they do?

• The PWS will agree on a legal document called a ‘party wall award’. This sets out the works that are to be carried out and who will pay for them (including the fees for the surveyor). It also states how and when the works will be done.

Is there anything else I need to know?

• Your neighbour must give access to their property, when necessary, to any surveyors and builders to carry out the work during normal working hours. You must however give them a minimum of 14 days notice, except in an emergency.

• Once your notice is served and your neighbour has given consent, it is valid for one year. It is advisable to not give notice too early as the process will need to be repeated should you have any delays in beginning the project.

Further information, including links to the Party Wall Act itself, an explanatory booklet and example letters / responses for various party wall scenarios, can be found at https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance.