Receiving a letter from a Party Wall Surveyor about a neighbour's construction project can be intimidating. However, understanding your rights under the Party Wall etc. Act 1996 will help you navigate the situation effectively. Here's a streamlined guide to help you take the right steps and protect your property.
1. Stay Calm and Read the Letter Carefully
First and foremost, don’t panic. If the letter contains Party Wall Notices, move on to the next steps. If it's an introductory letter from a surveyor offering services, remember that some surveyors check planning applications to contact Adjoining Owners. Don’t feel pressured by scare tactics. Try to communicate with your neighbour — they may not be aware of their obligations under the Party Wall Act. Clear communication early on can help avoid unnecessary disputes.
If you are uncertain about any aspect, seek advice from multiple Party Wall Surveyors. This can help you better understand your options and choose the right surveyor if needed. Being informed about your rights and obligations under the Party Wall etc. Act 1996 will help you navigate the situation confidently and effectively.
2. Understand the Types of Notices
The Party Wall Notice should outline the nature of the proposed work, the start date, and how it might affect your property. Each notice has specific requirements and implications. Make sure you know which type of Party Wall Notice you have received.
The Party Wall etc. Act 1996 allows for different types of notices:
Line of Junction Notice (Section 1) : For new walls at boundaries.
Party Structure Notice (Section 2) : For work involving party walls.
Excavation Notice (Section 6) : For excavations near adjoining buildings.
3. Know Your Options
You have 14 days to respond to the Party Wall Notice and a more in-depth blog post on responding to Notices can be found here. To sum up, your options are:
Consent: If you are satisfied with the proposal, you can consent in writing. If you consent, this will be the end of the party wall process.
Dissent: If you have concerns, you can dissent, which requires the appointment of a party wall surveyor to resolve the matter. Continue to step 4 if you are dissenting to the works.
4. Appoint a Surveyor
If you dissent, you can:
Agree on a Single Surveyor: Both parties can appoint a single agreed surveyor.
Each Appoint Your Own Surveyor: You can appoint your own surveyor, and your neighbour will appoint theirs.
The surveyor(s) will then conduct a site visit to prepare a Schedule of Condition report and prepare the Party Wall Award, a legal document that outlines the work to be done, how and when it will be carried out. Party Wall Awards can only be made by Party Wall Surveyors and although the owners are not directly involved in the creation of the award, if you have any specific concerns, it should be raised to your surveyor at this stage. The Party Wall Award is finalised and served on each party.
5. Review the Party Wall Award
Once the surveyor(s) have served the Award on you the Adjoining Owner and your neighbour (the Building Owner), review this document carefully. It is designed to protect your property and ensure that the work is carried out correctly.
6. Understand the Schedule of Condition
In the Party Wall Award, a Schedule of Condition Report will be appended. A Schedule of Condition report details the current state of your property, documented when the initial surveyor or your property was carried out before your neighbours start any works. This report is critical as it will serve as a benchmark to identify any damage caused by the construction. Check thoroughly of this noted existing defects to recognise any damage that happens during your neighbour's works.
7. Know Your Right to Compensation
If the construction work causes damage to your property, you are entitled to compensation. The Party Wall Award should detail the steps for claiming compensation and the process for addressing damage.
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