Party Wall Process
Step by Step the general process involved in the party wall process.
1. Initial Assessment:
• The process begins with the building owner determining whether the proposed construction work falls under the scope of the Party Wall etc. Act 1996.
• If the work is covered by the Act, the building owner must serve a Party Wall Notice to the adjoining owner(s) informing them of their intentions.
2. Party Wall Notice:
• The building owner serves a written Party Wall Notice to the adjoining owner(s) at least two months before the intended start date of the work.
• The notice provides details about the proposed construction, including the type of work, anticipated start date, and any necessary access requirements.
3. Response by Adjoining Owner:
• Upon receiving the Party Wall Notice, the adjoining owner has three options: consent to the notice, dissent and appoint their own surveyor, or dissent and agree to use the building owner’s surveyor as an agreed surveyor.
4. Appointment of Party Wall Surveyors:
• If the adjoining owner dissents and appoints their own surveyor, each party will have their respective party wall surveyors.
• If the adjoining owner agrees to use the building owner’s surveyor as an agreed surveyor, a single surveyor will be appointed to represent both parties.
5. Party Wall Award:
• The party wall surveyors, whether separate or agreed, will assess the proposed construction plans, review any concerns raised by the adjoining owner, and prepare a Party Wall Award.
• The Party Wall Award is a legally binding document that outlines the rights and responsibilities of both parties regarding the construction work, including any necessary safeguards or conditions.
6. Execution of Party Wall Award:
• Once the Party Wall Award is agreed upon, both parties sign and execute the document.
• The Party Wall Award provides a framework for the construction work, addressing matters such as access arrangements, working hours, and potential compensation for any damages caused.
7. Construction Work:
• The building owner proceeds with the construction work according to the terms and conditions outlined in the Party Wall Award.
• The surveyors may conduct inspections throughout the process to ensure compliance with the agreed-upon terms and to address any issues or disputes that may arise.
8. Resolution of Disputes:
• If any disputes or disagreements arise during or after the construction work, the appointed surveyors will facilitate negotiations and attempt to resolve the issues.
• If an agreement cannot be reached, the dispute may be escalated to the appropriate legal channels for resolution.
Consulting with experienced party wall surveyors is recommended to navigate the process effectively.