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Party Wall Act Procedure
Check out our main Party Wall page to see if the Party Wall Act 1996 requirements catch your proposed work. If they do, the Party Wall Act procedure is as follows:
Notice
Send your neighbour(s) a notice outlining the scope of the proposed works and when you propose to commence them. That must be:
- at least one month away if you intend to undertake excavation works or erect a new wall; and
- at least two months away in other cases.
Your notice will ask them for written consent to the works within 14 days.
Your neighbour can then:
- give consent;
- refuse to give consent;
- stay silent – which has the same effect as refusing to give consent; or
- issue a counter notice requesting that additional works are undertaken simultaneously.
Party Wall Award
The parties will be ‘in dispute’ if express consent is not forthcoming. Each party can then appoint their own surveyor (who then appoints a joint surveyor), or the parties can directly appoint a joint surveyor. The joint surveyor makes an award covering:
- the building owner’s right to carry out the works.
- the time and manner in which the works are carried out.
- access rights.
- erection of scaffolding.
- any other matter arising out of or incidental to the dispute. That includes the costs of making the Award (including the surveyor’s costs).
Once the parties are served with the Award, the building owner can commence work – and must do so within one year.
Access to the neighbour’s property
If you require access to your neighbour’s property, they must give 14 days’ notice. Refusing access to a neighbour with the benefit of a Party Wall Award is an offence.
Appealing a Party Wall Award
If a party does not agree with the terms of the Award, they have 14 days to issue an appeal in the County Court.
In addition, the surveyor can issue a further Award to resolve any other disputes arising.
If a party fails to pay an amount ordered by the Award, enforcement action can be taken in the Magistrates Court under Section 58 of the Magistrates’ Court Act 1980.