Building Owners
You are planning on doing some work to your property. Here are some of the things you need to know before you get started.
What you need to know
If, as a building owner, you are carrying out works that are notifiable under The Party Wall Act you have a legal obligation to notify the adjoining owners before work can begin. Find out what you need to know and how we can help your project start as quickly and efficiently as possible.
Party Wall information For Building Owners
Is my building work notifiable?
Is my work notifiable?
Notifiable works are set out in sections 1, 2 & 6 of the Act. They include:
Works covered by section 1:
- Construction of a new wall either at or astride the line of junction (the legal boundary between two owners)
Works covered by section 2:
- Cutting into a wall to take the bearing of a beam, for example for a loft conversion
- Inserting a damp proof course, even if only to your own side of a party wall
- Raising a party wall and, if necessary, cutting off any objects preventing this from happening
- Demolishing and rebuilding a party wall
- Underpinning a party wall or part of a party wall
- Weathering the junction of adjoining walls or buildings by cutting a flashing into an adjoining building
Works covered by section 6:
- Excavating foundations within three metres of a neighbour’s structure and lower than its foundations
- Excavating foundations within six metres of a neighbour’s structure and below a line drawn down at 45° from the bottom of its foundations.
When to notify your neighbours
We recommend you notify your neighbours as early as possible to avoid any delays. The minimum statutory period for works to a party wall is two months, but notices may be served as soon as you have drawings to describe the works.
How to serve a notice
The serving of valid notices is a key requirement of the Act and, while disputes can arise without a notice in place, a notice is usually the starting point from which everything else follows.
Responses To Notices
How Long Can My Neighbours Take To Respond?
Adjoining owners are given 14 days to respond to a notice. If no response is received, then it is a “deemed dissent” and we will write to them again to require them to appoint a surveyor within a further ten days. If a response is still not received, we will appoint a surveyor on their behalf.
What If My Neighbours Consent?
If your neighbours consent to the work then no further action is necessary and the project may begin as soon as the notice period has run (or sooner by agreement).
What If My Neighbours Dissent?
If a dissent is received, then a “dispute” has arisen within the meaning of the Act. Both parties must then appoint a surveyor (or agree on the use of a single surveyor) to produce a party wall award. The award sets out the terms under which the works can proceed.
Avoiding Costly Delays
Serving Notice In Good Time
Many building owners leave it to the last minute before serving notice. Where this is the case we are relying on a positive (and quick) response from the adjoining owners to avoid delaying the start of the project. Notices can be served as soon as drawings are in place and there is rarely a benefit in waiting until later in the process.
Good Quality Information
Delays can be avoided if there are good quality design details in place to clearly describe the proposed work. If drawings supplied with the notices are unclear or incomplete they can often raise more questions than answers.
Contractor Details
It usually helps if the contractor can be appointed as soon as possible. The matters in dispute often revolve around details supplied by the contractor such as scaffolding plans, method statements and site set up details.
Discussing Directly With Neighbours
We always recommend building owners discuss their plans directly with their neighbours. Surveyors only need to get involved where the owners cannot agree between themselves, so a friendly conversation can often go a long way to avoiding misunderstandings and expensive delays.
Are you an Adjoining Owner?
If your neighbours are planning on doing some work here are some of the things you need to know.
Working With Us
Working with us couldn’t be simpler, just send over your drawings and we will advise you on the notices needed, as well as the likely costs and timeframes involved. Use the form below or email us at office@whiteandlloyd.com
Send us a Message
Head Office
Devon House
11 High Street
Thames Ditton, Surrey
KT7 0SD
0208 191 7747
London Office
Chester house
81-83 Fulham High Street
Fulham Green, Fulham
SW6 3JA
0203 637 2213