The Party Wall Act is not intended to be applied to minor jobs that do not affect the structural integrity or loading of a party wall.

It is generally agreed that works such as fixing plug sockets, screwing in shelving or replastering walls are minor works and do not require a notice. If you are in London, and you have any doubt if your works require a notice to be served, please speak to our surveyors.

The workings of the Act are always instigated by the of issuing notices.

Written notice must be served on adjoining owners at least two months before starting any party wall works (one month for works to the line of junction or excavations). All adjoining owners must be served a notice and there are likely to be instances where there is more than one adjoining property and more than one owner of each. Works to a party wall, or those affecting a ceiling or floor, will also require a notice to adjoining owners living above or below.

It is essential to include the correct details on a notice as, if they are deemed invalid, then any subsequent actions are also invalid. Our surveyors are experienced at serving notices in London and Surrey. Please contact our Fulham office or our Thames Ditton office if you need any help.

Where written agreement is not given, the solution the Act provides is for both parties to appoint a surveyor. The surveyors then work together to agree the terms under which work may proceed. The surveyor(s) will review the plans, notices and structural details of the works and, after considering the impact of the works, will draw up an agreement which sets out the terms under which work can be carried out (the Award).

On receipt of a notice, an adjoining owner has three possible courses of action:

1. To consent to the works going ahead as described. A consenting Adjoining Owner retains all rights under the Act including the right to appoint a surveyor later in the process if there is a dispute at that stage.
2. To dissent and appoint a surveyor. The Act allows the Owners to concur in the appointment of a single ‘Agreed’ surveyor or appoint their own separate surveyor.
3. Issue a counter notice to set out certain conditions required for the benefit of the Adjoining Owner. The Counter Notice should set out what additional or modified work the Adjoining Owner would like to be included for his benefit

In most cases, if the adjoining does not respond within 14 days then a deemed dispute is said to have occurred and the person carrying out the work must appoint a surveyor to act on the adjoining owners behalf.
If adjoining owners provide written consent to the works as set out within the notices, then there is no dispute to resolve and no further need for party wall surveyors. Assuming work proceeds as detailed within the notice and no damage is caused, then no further involvement is necessary.

If adjoining owners dissent to the works then a dispute has occurred which must be resolved to allow works to proceed. It is worth reiterating that the Act is one of enablement, it is not there to prevent works from taking place and it offers a route to end disputes at every stage.

Where written agreement is not given, the solution the Act provides is for both parties to appoint a surveyor. The surveyors then work together to agree the terms under which work may proceed. The surveyor(s) will review the plans, notices and structural details of the works and, after considering the impact of the works, will draw up an agreement which sets out the terms under which work can be carried out (the Award).

The award will usually record the condition of the relevant part of adjoining property before work begins (this is not a requirement under the Act but is considered good practice and is duly provided by most good surveyors). This survey of the adjoining properties is particularly important in London where there are often several properties in close proximity, and therefore a higher chance of works affecting neighbours.

The award may also grant access to both properties so that the works can be safely carried out and the surveyor/s can inspect work in progress.

Generally, the building owner who started the work pays for all expenses of work and the reasonable costs incurred by all parties as a result, this will include the surveyors fees for both Building Owner and Adjoining Owner.