What is the process?
Service of Notices
If you are carrying out works that fall within the remit of the Party Wall etc. Act 1996 then you or your Surveyor (known as the Building Owner's Surveyor), are required to serve Notice to your Adjoining Owners outlining your intentions.
Works that fall under the Act include works that affect an existing party wall or structure, construction of a new party wall and excavations. There are three different types of 'Notice' and your project may require 1, 2 or all 3 of the Notices to be served to each Adjoining Owner.
Once the Notice(s) are served on your Adjoining Owner(s) they have 14 days in which to either consent or dissent to the works.
Adjoining Owners consent to Notices
If the Adjoining Owner(s) consent then depending on the type of Notice served you are entitled to proceed with the works after either one month (in the case of a Line of Junction Notice or Three Metre / Six Metre Notice) or after two months (in the case of a Party Structure Notice). In this case it is likely a Party Wall Award will not be necessary, however I would recommend that a Schedule of Condition of the adjoining properties is carried out and that this is agreed between the parties before works commence.
Adjoining Owners dissent to Notices
If the Adjoining Owner(s) dissent to the works then a dispute is deemed to have arisen under Section 10 of the Act and a Party Wall Award must be drawn up. The Adjoining Owner can either appoint the Building Owner's Surveyor as an 'Agreed Surveyor' and the Award is drawn up by that one Surveyor, or alternatively the Adjoining Owner can appoint his/her own Surveyor, in which case the Award is drawn up and agreed between the Building Owner’s Surveyor and the Adjoining Owner’s Surveyor. Using an Agreed Surveyor will usually be quicker than if there are two Surveyors involved. In all cases the Surveyor(s) will be acting impartially.
What is a Party Wall Award?
A Party Wall Award is a legal document that will provide authorisation to the Building Owner to carry out the works in a specific manner, during specific times, along with any other related matters. It will include drawings of the proposed works and also a Schedule of Condition of the Adjoining Owner’s property. The Award is signed by both parties then served on both parties. Construction can then start straight away following service of the Award, although good practice is after 14 days (subject to all other statutory consents e.g. planning permission).
What is a Party Wall?
A Party Wall is a wall that is shared between two buildings. A Party Structure is a floor between flats, and a Party Fence Wall is a masonry garden wall shared between two land owners. All three are covered under the Party Wall etc. Act 1996.
Ellis Williams Party Walls offer all services in connection with Party Wall matters within London and the surrounding Counties, including Service of Notices, preparation of Party Wall Awards and Schedules of Conditions.
Nic Ellis Williams is a Party Wall Surveyor and Chartered Architect. Nic is a member of the Faculty of Party Wall Surveyors and also the
Royal Institute of British Architects (RIBA).
If you are a Building Owner about to carry out works to your property, or if you are an Adjoining Owner that has received a Notice or Notices, please contact Nic to discuss further.
Ellis Williams Party Walls - EWPW - is a trading name of ellisclare ltd
Areas we cover:
South London: SW1 Westminster, SW2 Brixton, SW3 Chelsea, SW4 Clapham, SW5 Earls Court, SW6 Fulham, SW7 South Kensington, SW8 South Lambeth, SW9 Stockwell, SW10 West Brompton.
South West London: SW11 Battersea, SW12 Balham, SW13 Barnes, SW14 Mortlake, SW15 Putney, SW16 Streatham, SW17 Tooting, SW18 Wandsworth, SW19 Wimbledon, SW20 West Wimbledon.
West: W1 West London, W2 Paddington, W3 Acton, W4 Chiswick, W5 Ealing, W6 Hammersmith, W7 Hanwell, W8 Kensington, W9 Maida Hill, W10 North Kensington, W11 Notting Hill, W12 Shepherds Bush, W13 West Ealing, W14 West Kensington.
Central: EC1, EC2 Bishopsgate, EC3 Fenchurch Street, EC4 Fleet Street
Central: WC1 Central London, WC2 Strand
South East London: SE1 Bankside, Borough, South Bank, Waterloo, Bermondsey, SE2 Abbey Wood, SE3 Blackheath, SE4 Brockley, SE5 Camberwell, SE6 Catford, SE7 Charlton, SE8 Deptford, SE9 Eltham, SE10 Greenwich, SE11 Kennington, SE12 Lee, SE13 Lewisham, SE14 New Cross, SE15 Peckham, SE16 Rotherhithe, SE17 Walworth, SE18 Woolwich, SE19 Norwood, SE20 Anerley, SE21 Dulwich, SE22 East Dulwich, SE23 Forest Hill, SE24 Herne Hill, SE25 South Norwood, SE26 Sydenham, SE27 West Norwood, SE28 Thamesmead
North West London: NW1 Camden, NW2 Cricklewood, NW3 Hampstead, NW4 Hendon, NW5 Kentish Town, NW6 Kilburn, NW7 Mill Hill, NW8 St John's Wood, NW9 The Hyde, NW10 Willesden, NW11 Golders Green
East London: E1, E2 Bethnal Green, E3 Bow, E4 Chingford, E5 Clapton, E6 East Ham, E7 Forest Gate, E8 Hackney, E9 Homerton, E10 Leyton, E11 Leytonstone, E12 Manor Park, E13 Plaistow, E14 Poplar, E15 Stratford, E16 Victoria Docks and North Woolwich, E17 Walthamstow, E18 Woodford and South Woodford, E20 Olympic Park
Surrey: KT1 Kingston Upon Thames, KT2, KT3 New Malden, KT4 Worcester Park, KT5 Surbiton, KT6, KT7 Thames Ditton, KT8 East Molesey and West Molesey, KT9 Chessington, KT10 Esher and Claygate, KT11 Cobham, KT12 Walton-on-Thames, KT13 Weybridge, KT14 West Byfleet, KT15 Addlestone, KT16 Chertsey, KT17 Epsom, KT18, KT19, KT20 Tadworth, KT21 Ashtead, KT22 Leatherhead, KT23, KT24, Ewell
RH1 Redhill, RH2 Reigate, RH3 Betchworth, RH4 Dorking, RH5, RH6 Gatwick and Horley, RH7 Lingfield, RH8 Oxted, RH9 Godstone, RH10 Crawley, RH11, RH12 Horsham, RH13, RH14 Billingshurst, RH15 Burgess Hill, RH16 Haywards Heath, RH17, RH18 Forest Row, RH19 East Grinstead, RH20 Pulborough, RH77
TW1 Twickenham, Whitton, Strawberry Hill, TW2 Fulwell, TW3 Hounslow, TW4 Cranford, TW5 Osterley, TW6 Heathrow, Hillingdon, TW7 Isleworth, TW8 Brentford, TW9 Richmond, Kew Bridge, Syon Park, Kew North Sheen, TW10 Ham, Petersham, TW11 Teddington, TW12 Hampton, Hampton Court, Hampton Wick, TW13 Feltham, TW14, TW15 Ashford, TW16 Sunbury-on-Thames, TW17 Shepperton, Elmbridge, TW18 Staines, Spelthorne, Windsor, TW19, TW20 Egham
SM1 Sutton, Cheam, SM2, SM3, SM4 Morden, SM5 Carshalton, SM6 Wallington, SM7 Banstead
CR0 Croydon, CR2 South Croydon, CR3 Caterham and Whyteleafe, CR4 Mitcham, CR5 Coulsdon, CR6 Warlingham, CR7 Thornton Heath, CR8 Kenley, Purley, CR9, CR44, CR90
Local Party Wall Surveyor