If you are planning an extension, loft conversion or structural alterations in Sutton, your project may fall under the Party Wall etc. Act 1996.
A party wall surveyor in Sutton can review your plans, establish whether notices are required and guide you through the process before works begin.
When Does the Party Wall Act Apply?
The Act generally applies to three main types of work:
Building on or Near the Boundary – Section 1
If you are building a new wall on or up to the boundary line, you may need to serve a Line of Junction Notice. This is common with rear and side extensions.
Work to a Party Wall – Section 2
Notifiable works can include:
- Cutting steel beams into a party wall
- Removing chimney breasts
- Raising or underpinning a party wall
- Cutting flashings into a party wall
- Other structural alterations to a shared wall
These works will normally require a Party Structure Notice.
Excavating Near a Neighbouring Property – Section 6
Excavation may be notifiable where new foundations are within 3 metres of a neighbouring building and extend deeper than its existing foundations. Certain deeper excavations may also fall within the 6-metre rule.
Do Extensions Require Party Wall Notices?
Many extensions in Sutton require party wall notices because foundations are excavated close to neighbouring properties or new walls are constructed along the boundary.
Importantly, having planning permission or permitted development approval does not remove your obligations under the Party Wall etc. Act 1996.
What Happens After a Notice Is Served?
Once the correct notice has been served, the adjoining owner can:
- Consent to the proposed works.
- Dissent and appoint an Agreed Surveyor to act impartially for both owners.
- Dissent and appoint their own surveyor.
Where surveyors are appointed, a Party Wall Award may be prepared to regulate the notifiable works.
What Is a Schedule of Condition?
A Schedule of Condition is a written and photographic record of the adjoining property before building works begin.
It records existing cracks, defects and other relevant conditions, providing useful evidence should damage later be alleged.
What Is a Party Wall Award?
A Party Wall Award is a legally binding document that can set out:
- The notifiable works
- Relevant drawings and structural details
- Working methods and safeguards
- Access arrangements where applicable
- The Schedule of Condition
- Procedures for dealing with damage
- Surveyors’ reasonable fees
The Award provides a clear framework for the works while protecting the interests of both owners.
How Long Does the Party Wall Process Take?
Party Structure Notices generally require two months’ notice, while notices relating to the boundary and adjacent excavation generally require one month.
The process can sometimes move more quickly with cooperation, but it is always advisable to deal with party wall matters well before your intended construction start date.
Who Pays the Party Wall Surveyor’s Fees?
In most straightforward cases, the building owner carrying out the works pays the reasonable costs associated with the Party Wall Act process, including the reasonable fees of an adjoining owner’s surveyor where applicable.
Where both owners are comfortable appointing one Agreed Surveyor, this can often simplify the process and reduce costs.
What if My Neighbour Does Not Respond?
If an adjoining owner fails to respond to a notice within the statutory period, the Party Wall Act provides a procedure for progressing matters.
This can ultimately include the appointment of a surveyor on behalf of a non-responsive adjoining owner, allowing the statutory process to continue.
Looking for a Party Wall Surveyor in Sutton?
Party Walls Surveyors Ltd assists building owners and adjoining owners throughout Sutton with:
- Reviewing architectural and structural drawings
- Land Registry ownership checks
- Preparing and serving Party Wall Notices
- Schedules of Condition
- Acting as Building Owner’s, Adjoining Owner’s or Agreed Surveyor
- Preparing Party Wall Awards
- Dealing with party wall matters during construction
If you are planning building works in Sutton or have received a Party Wall Notice from your neighbour, contact us for advice. We can review your circumstances, explain the process clearly and advise you on the appropriate next steps.
