The Expert Party Wall Surveyors for London & Essex

What is a Party Wall?

• A wall that “straddles” the boundary line separating two properties is defined as a Party Wall, so this is a simple way to identify what is a Party Wall

• If the wall is part of the structure of the two properties (eg. a shared Party Wall that separates two semi-detached houses), then this is defined as a Party Wall

• If the wall is a garden wall that straddles the boundary, then this is defined as a Party Fence Wall

• If the side flank wall of a building (that is entirely within its own land) has been built up against by a neighbouring structure, then this side flank wall is defined as a Party Wall

• Various other parts of a building could be defined as a “Party Structure”, and be subject to The Party Wall Act 1996, such as a floor that separates two apartments, or a loadbearing spine wall that supports loads from multiple apartments.

Who Pays for the Party Wall Surveyor?

The “Building Owner” (the person carrying out the building work) will be responsible for covering the costs of the Party Wall Surveyor, or Party Wall Surveyors, Party wall Notices and Party Wall Awards, as applicable. The “Adjoining Owner” (the neighbour of the person carrying out the building work) will not need to cover the costs, as per The Party Wall Act 1996. It is therefore the “Building Owner” who pays for the Party Wall Surveyor.

When do You Need a Party Wall Agreement?

You will need a Party Wall Agreement when certain building works are carried out which affect a Party Wall or Party Structure (see “What is a Party Wall” at the top of this FAQ list), or if a new wall is built up to or astride the boundary line, or if an existing neighbouring wall is enclosed upon (eg. if an extension encloses onto the neighbour’s existing wall), or if foundations are to be excavated within 3 metres or 6 metres of a neighbour’s structure (depending on the situation). In relation to foundation excavations, a neighbour’s structure could be a house, apartment block, garage, outbuilding or garden wall, and may not even include a party wall (but your excavations could still be subject to The Party Wall Act 1996). An experienced Party Wall Surveyor will be able to review your proposed drawings, and advise you as to the need for a Party Wall Notice, and Party Wall Agreement. Humphreys & Sons will provide this helpful advice to you at no charge, as we know how important it is to get these matters clarified and in order as soon as possible in a project.

Who Owns a Party Wall?

It is sometimes not straightforward to determine who owns a Party Wall, but in the simple case of a Party Wall that straddles the boundary between two houses, the Party Wall is actually owned by both owners, and their shared rights and responsibilities are the subject of The Party Wall Act 1996. An experienced Party Wall Surveyor will be able to advise you on who owns a Party Wall.  

What is a Party Wall Agreement?

A Party Wall Agreement, or Party Wall Award as it is sometimes known, is a legal agreement that is written up by the Party Wall Surveyor, which sets out the details of the agreed building works and contains various information which is ultimately for the purpose of protecting the property and the rights of both building owners. In addition to setting out the terms of exactly what building work can be carried out, and how, it also covers matters such as working hours, protection and safeguarding of the building, temporary support, structural safety etc. Finally, what is a Party Wall Agreement without a comprehensive and detailed Schedule of Condition of the affected buildings, which describes and photographs the condition and any existing defects (eg. existing cracks), so that it can be easily determined at a later date whether damage has been caused by the works, or whether the damage was already there before the works. This protects both owners, and can become a crucial reference document in the case of a dispute or disagreement. A Party Wall Agreement can also grant valuable rights to the Building Owner who is carrying out the work, as it can grant rights such as access onto neighboring land so that work can be carried out from the neighbour’s side, rights to build up to or astride the legal boundary line, and other rights such as cutting flashings and steel beams into a Party Wall, or raising or demolishing a Party Wall. The Party Wall Agreement provides rights, benefits and reassurance to all parties involved.

What is The Party Wall Act 1996?

The Party Wall Act 1996 is legislation that covers certain building works, but what is the Party Wall Act in relation to your project? The Party Wall act becomes relevant, and a crucial part of a project, when certain building works are carried out which affect a Party Wall or Party Structure (see “What is a Party Wall” at the top of this FAQ list), or if a new wall is built up to or astride the boundary line, or if an existing neighbouring wall is enclosed upon (eg. if an extension encloses onto the neighbour’s existing wall), or if foundations are to be excavated within 3 metres or 6 metres of a neighbour’s structure. In relation to foundation excavations, a neighbour’s structure could be a house, apartment block, garage, outbuilding or garden wall, and may not even include a party wall (but the excavations could still be subject to The Party Wall Act 1996). So what is The Party Wall Act 1996 in relation to you and your project? An experienced Party Wall Surveyor will be able to advise, and confirm whether a Party Wall Notice, and Party Wall Agreement could be necessary.

What Happens if I Don't Serve a Party Wall Notice?

If you are carrying out notifiable building work and don’t serve a Party Wall Notice, there are numerous problems, and legal consequences that could arise. Please see below a list of just some of the problems that you will face if you don’t serve a Party Wall Notice:

• If damage is caused, or if a false or malicious claim is made against you in relation to supposed damage caused by your building works, without a Party Wall Agreement and Party Wall Surveyor being in place you will immediately be facing expensive legal costs, and when your neighbour takes you to court your case will be compromised right from the start, and it can be very difficult to defend yourself as you did not follow the legal requirements of The Party Wall Act 1996, and are seen to be “in the wrong”.

• The Party Wall Agreement will contain a schedule of condition that can be referred to in the case of a dispute, to determine whether any damage was caused by the building works, or was already there all before the works were commenced. Without this reference document, it is very difficult to determine how damage was caused and who is responsible, and you also leave yourself open to false and malicious accusations of damage, and claims of compensation. In the worst cases, the Building Owner can end up providing a refurbishment service for his neighbour’s property, at his own expense, to avoid being taken to court.

• If you don’t serve a Party Wall Notice your building works can be immediately stopped by your neighbour via a local council injunction, which is easy to obtain if there is no Party Wall Agreement in place.

• If you don’t serve a Party Wall Notice, and have the relevant Party Wall Agreements in place, most builders will not be willing to commence work, due to the risk of neighbour disputes and complaints, legal consequences and the building works being halted by the local council.

• Even if you have an excellent relationship with your neighbour, they are in support of your project and did not object to your planning application, and you have agreed with them informally in writing that you will rectify any damage caused and have agreed that a party wall notice is not required, you are still at full risk of all of the above consequences should a dispute occur. As a practice of experienced Party Wall Surveyors, we all too often see an excellent neighbourly relationship instantly vansih once it is felt that damage has occurred, or the builders have been seen as working in an unacceptable way. Having friendly neighbours is not a substitute for following the Party Wall Act 1996.

• Even if you don’t serve a Party Wall Notice, and a dispute occurs that you then have to deal with directly as neighbours, without the expert technical guidance (and the awkwardness buffer) of the Party Wall Surveyor, even if the dispute avoids legal consequences and going to court, it can be a neighbourly relationship that is destroyed forever. Many people appoint a Party Wall Surveyor simply for neighbour relations alone, over and above the actual legal obligations of The Party Wall Act 1996.

Party Wall Damage - Who Pays?

Unfortunately, at the end of a building project, or sometimes during the building project, there is Party Wall damage, who pays? The answer to this question is: The Building Owner (the person who is carrying out the work), it is not the builder, or the neighbour who pays. However, if it can be proven and evidenced that the damage was already there prior to the building works, it may not be necessary for the Building Owner to pay. The first question to ask is therefore “when did the damage occur?”, one of the key uses of the Party Wall Agreement is to provide an accurate record of the building’s condition before the work is commenced. Without this, it can be very difficult indeed for the Building Owner to avoid being held responsible. In the worst cases, the Building Owner can end up providing a refurbishment service for his neighbour’s property, at his own expense, to avoid being taken to court.

What Happens if No Party Wall Agreement is in Place?

For details of what often happens if no Party Wall Agreement is in place, please refer to the section above “What Happens if I Don't Serve a Party Wall Notice?”

How To Soundproof A Party Wall

The approach of how to soundproof a party wall depends on the construction and materials of the Party Wall. When considering how to soundproof a Party Wall constructed in brickwork, the most common method is to apply a combination of cementitious render and acoustic plasterboard, on either vertical studs or dot and dab adhesive. When considering how to soundproof a Party Wall constructed in timber framing, the most common method is to provide acoustic insulation quilt within the studwork, and acoustic plasterboard linings. The exact thickness and specification of these soundproofing materials will depend on the nature of the project, and what level of acoustic soundproofing performance must be achieved. In the case of newly bult dwellings, where the party wall is being newly constructed, the building regulations stipulate strict levels of acoustic performance, and acoustic testing upon completion. 

What is A Party Wall Award?

For details of what is a Party Wall Award, please refer to the section above “What is a Party Wall Agreement?”

Party Wall Disputes - Who Pays?

We are often asked, in the case of Party Wall disputes who pays the bills? Ultimately, the purpose of The Party Wall Act 1996 is to reduce the likelihood of disputes, and in the case of disputes occurring provide a clear process of resolving the dispute, with Party Wall Surveyors working on behalf of the relevant owners, so that disputes are resolved quickly, professionally and correctly. The cost of any disputes within this process would normally be covered within the overall Party Wall Surveyor fee for the Party Wall Agreement process, which is of course paid by the Building Owner (the person who is carrying out the work). However, in cases where a Party Wall Notice was not served, and there is no Party Wall Agreement in place, the dispute will become a matter of civil law, and solicitor fees and court fees will be applicable in the same way as any other legal dispute. Often in these cases, huge legal bills are accumulated, and then the fees for both parties are paid by the losing side, however this depends on the specifics of the case.

How Much Does a Party Wall Agreement Cost?

The fees will often depend on the nature of the project, and Humphreys & Sons prefer to look at every job and assess the work and involvement involved in order to keep fee levels as cost effective as possible, rather than apply a generic fixed fee to all projects, which often means charging for work hours over and above what is actually required. Upon viewing of your plans, or a brief discussion about your project, Humphreys & Sons are able to provide a free, no obligation quotation.

Is a Party Wall Agreement Always Required?

If your neighbour responds to your Party Wall Notice by consenting, then the Party Wall Act 1996 process is completed, without the need for a Party Wall Agreement, and without the need for Party Wall agreement fees. Also, in some cases upon reviewing your proposed project, the Party Wall Surveyor is able to happily advise that your project is not actually notifiable under The Party Wall Act, and again avoids the need for any Party Wall Surveyor involvement at all. Wherever possible, Humphreys & Sons will endeavour to avoid the need for any Party Wall Notice at all, if it is legally possible under The Party Wall Act 1996.

I Am Only Digging Foundations and there is no Party Wall Involved, Must I still serve Notice?

The Party Wall Act requires Party Wall Notice to be served on the affected neighbour in the case of excavations, if the proposed excavations are within either 3 metres or 6 metres (depending on the situation) of a neighbouring structure. It’s often the case that the existing neighbouring structure is a detached structure several metres away from the boundary line, and the proposed excavations, however a Party Wall Notice must still be served. This is a requirement of The Party Wall Act 1996, mainly because excavations within these distances are still a risk to neighbouring structures, in terms of damage and subsidence.