Party Wall Awards in London: Surveyors, Notices, Process, and Cost

THE PARTY WALL ETC. ACT 1996 CREATES STATUTORY RIGHTS AND OBLIGATIONS FOR BUILDING OWNERS (THOSE CARRYING OUT CONSTRUCTION WORKS) AND ADJOINING OWNERS (THEIR NEIGHBOURS) IN THREE MAIN SITUATIONS.

SECTION 1 — NEW WALLS ON OR ASTRIDE THE LINE OF JUNCTION: SECTION 1 APPLIES WHERE THE BUILDING OWNER INTENDS TO BUILD A NEW WALL ON OR ASTRIDE THE BOUNDARY LINE WITH THE ADJOINING OWNER. THIS INCLUDES: NEW GARDEN WALLS BUILT ASTRIDE THE BOUNDARY (SHARED WALL). NEW BOUNDARY WALLS AS PART OF AN EXTENSION THAT WILL STAND ON OR STRADDLE THE BOUNDARY. THE NOTICE UNDER SECTION 1 MUST BE GIVEN NOT LESS THAN 1 MONTH BEFORE WORKS BEGIN. THE ADJOINING OWNER CAN CONSENT (IN WHICH CASE THE WALL CAN BE BUILT ASTRIDE THE BOUNDARY WITH COSTS SHARED) OR REFUSE CONSENT (IN WHICH CASE THE WALL MUST BE BUILT ENTIRELY ON THE BUILDING OWNER'S LAND).

SECTION 2 — WORKS TO AN EXISTING PARTY WALL OR PARTY STRUCTURE: SECTION 2 IS THE MOST COMMONLY TRIGGERED PROVISION IN LONDON RENOVATION. IT APPLIES TO WORKS TO AN EXISTING PARTY WALL (A WALL THAT STANDS ON THE BOUNDARY BETWEEN TWO PROPERTIES AND IS USED BY BOTH). SECTION 2 WORKS INCLUDE: CUTTING INTO THE PARTY WALL (E.G. TO INSERT JOIST HANGERS, CUT NOTCHES FOR BEAMS, INSERT STEEL PADS). DEMOLISHING AND REBUILDING THE PARTY WALL (E.G. TO RAISE THE HEIGHT FOR A LOFT CONVERSION). RAISING THE PARTY WALL (RAISING ITS HEIGHT — COMMON IN LOFT CONVERSIONS WHERE THE PARTY WALL NEEDS TO BE RAISED TO THE RIDGE LEVEL). CUTTING AWAY A CHIMNEY BREAST FROM THE PARTY WALL SIDE. THE NOTICE PERIOD FOR SECTION 2 IS 2 MONTHS BEFORE WORKS BEGIN. THE ADJOINING OWNER MUST RESPOND WITHIN 14 DAYS. IF THEY DO NOT RESPOND, A DISPUTE IS DEEMED TO HAVE ARISEN.

SECTION 6 — EXCAVATION WITHIN 3 METRES (OR 6 METRES AT DEEPER LEVELS): SECTION 6 APPLIES WHERE THE BUILDING OWNER PROPOSES TO EXCAVATE WITHIN 3 METRES OF THE ADJOINING OWNER'S BUILDING IF THE EXCAVATION WILL BE DEEPER THAN THE FOUNDATIONS OF THAT BUILDING, OR WITHIN 6 METRES IF THE EXCAVATION WOULD INTERSECT A PLANE DRAWN AT 45 DEGREES FROM THE BASE OF THE ADJOINING FOUNDATION. SECTION 6 IS TRIGGERED BY: BASEMENT EXCAVATIONS NEAR PARTY WALLS. DEEP STRIP FOUNDATIONS FOR REAR EXTENSIONS IN LONDON CLAY (WHERE FROST DEPTH AND CLAY SHRINK-SWELL REQUIRE 1.0 TO 1.5M+ FOUNDATION DEPTH). THE NOTICE PERIOD FOR SECTION 6 IS 1 MONTH.

A PARTY WALL NOTICE IS A FORMAL LEGAL DOCUMENT SERVED BY THE BUILDING OWNER ON THE ADJOINING OWNER. IN LONDON, WHERE MOST PROPERTIES HAVE AT LEAST TWO ADJOINING NEIGHBOURS (LEFT AND RIGHT), NOTICES MUST BE SERVED ON ALL AFFECTED PARTIES.

NOTICE CONTENT REQUIREMENTS: THE NOTICE MUST INCLUDE: THE NAME AND ADDRESS OF THE BUILDING OWNER. THE LOCATION OF THE PROPOSED WORKS (BY DESCRIPTION AND/OR PLAN). THE DATE ON WHICH WORKS ARE PROPOSED TO START. THE RELEVANT SECTION OF THE ACT UNDER WHICH NOTICE IS GIVEN. THE NOTICE DOES NOT NEED TO BE SERVED BY A SOLICITOR OR SURVEYOR — BUILDING OWNERS CAN SERVE NOTICE THEMSELVES. HOWEVER, NOTICES THAT ARE INCORRECTLY COMPLETED OR SERVED ON THE WRONG PARTIES ARE INVALID.

ADJOINING OWNER RESPONSE: ONCE SERVED WITH A PARTY WALL NOTICE, THE ADJOINING OWNER HAS 14 DAYS TO RESPOND. THREE OUTCOMES ARE POSSIBLE: CONSENT: THE ADJOINING OWNER CONSENTS TO THE WORKS IN WRITING. NO AWARD IS NEEDED — WORKS CAN PROCEED. HOWEVER, CONSENT DOES NOT PREVENT THE ADJOINING OWNER FROM CLAIMING COMPENSATION FOR ANY DAMAGE LATER. DISPUTE (EITHER BY WRITTEN RESPONSE WITHIN 14 DAYS OR BY FAILURE TO RESPOND): A DISPUTE IS DEEMED TO HAVE ARISEN AND THE AWARD PROCESS MUST BEGIN. NO RESPONSE: IF THE ADJOINING OWNER DOES NOT RESPOND WITHIN 14 DAYS, A DISPUTE IS DEEMED TO HAVE ARISEN AND THE SURVEYOR APPOINTMENT PROCESS BEGINS.

WHERE A DISPUTE EXISTS (OR IS DEEMED TO EXIST), A PARTY WALL AWARD MUST BE MADE BEFORE NOTIFIABLE WORKS CAN COMMENCE. THE AWARD IS MADE BY PARTY WALL SURVEYORS APPOINTED UNDER THE ACT.

AGREED SURVEYOR (THE FASTER AND CHEAPER ROUTE): BOTH PARTIES JOINTLY APPOINT A SINGLE PARTY WALL SURVEYOR — THE 'AGREED SURVEYOR' — WHO ACTS IMPARTIALLY FOR BOTH THE BUILDING OWNER AND THE ADJOINING OWNER. THE AGREED SURVEYOR APPROACH IS FASTER (TYPICALLY 3 TO 6 WEEKS FROM APPOINTMENT TO AWARD) AND CHEAPER (ONE SURVEYOR FEE RATHER THAN TWO). PYRAMUS AND THISBE CLUB (THE LEADING PROFESSIONAL ASSOCIATION FOR PARTY WALL SURVEYORS IN LONDON) CAN RECOMMEND QUALIFIED AGREED SURVEYORS.

TWO-SURVEYOR APPROACH: WHERE THE ADJOINING OWNER DOES NOT ACCEPT AN AGREED SURVEYOR, EACH PARTY APPOINTS THEIR OWN PARTY WALL SURVEYOR. THE TWO APPOINTED SURVEYORS THEN ATTEMPT TO AGREE AN AWARD — IF THEY CANNOT AGREE, THEY MUST JOINTLY APPOINT A THIRD SURVEYOR WHO MAKES THE FINAL DETERMINATION. THE TWO-SURVEYOR APPROACH IS SLOWER (6 TO 12 WEEKS FROM APPOINTMENT TO AWARD IN CONTENTIOUS CASES) AND MORE EXPENSIVE. THE ADJOINING OWNER'S SURVEYOR FEE IS GENERALLY PAYABLE BY THE BUILDING OWNER — MEANING TWO-SURVEYOR CASES COST SIGNIFICANTLY MORE.

AWARD CONTENT: A PARTY WALL AWARD IS A WRITTEN DOCUMENT THAT SETS OUT: THE WORKS TO BE CARRIED OUT (BY REFERENCE TO DRAWINGS). THE RIGHTS AND OBLIGATIONS OF EACH PARTY. SCHEDULE OF CONDITION OF THE ADJOINING PROPERTY BEFORE WORKS (PHOTOGRAPHIC RECORD — USED TO ASSESS CLAIMS FOR DAMAGE). WORKING HOURS. PARTY WALL ACCESS PROVISIONS. ANY SECURITY FOR EXPENSES. THE AWARD IS LEGALLY BINDING ON BOTH PARTIES — IT CAN BE APPEALED TO THE COUNTY COURT WITHIN 14 DAYS OF RECEIPT.

ONE OF THE MOST IMPORTANT ELEMENTS OF THE PARTY WALL AWARD PROCESS FOR LONDON RENOVATION PROJECTS IS THE SCHEDULE OF CONDITION — A DOCUMENTED RECORD OF THE CONDITION OF THE ADJOINING OWNER'S PROPERTY BEFORE NOTIFIABLE WORKS BEGIN.

WHAT THE SCHEDULE OF CONDITION COVERS: THE SCHEDULE OF CONDITION IS PREPARED BY THE PARTY WALL SURVEYOR (OR, IN TWO-SURVEYOR CASES, BY THE ADJOINING OWNER'S SURVEYOR) AND TYPICALLY COVERS: ALL INTERNAL ROOMS ADJACENT TO OR ABOVE THE WORKS (PHOTOGRAPHS OF WALLS, CEILINGS, FLOORS, CORNICES, PLASTER). EXTERNAL AREAS NEAR THE WORKS (GARDEN SURFACES, BOUNDARY WALLS, WINDOW FRAMES). ANY EXISTING CRACKS, STAINING, OR DEFECTS — NOTED AND PHOTOGRAPHED SO THAT CLAIMS FOR DAMAGE CAUSED BY THE WORKS CAN BE DISTINGUISHED FROM PRE-EXISTING CONDITIONS.

WHY THE SCHEDULE PROTECTS THE BUILDING OWNER: WITHOUT A SCHEDULE OF CONDITION, THE BUILDING OWNER IS POTENTIALLY LIABLE FOR ANY DAMAGE CLAIMED BY THE ADJOINING OWNER DURING OR AFTER WORKS — INCLUDING DAMAGE THAT EXISTED BEFORE WORKS STARTED. A COMPREHENSIVE SCHEDULE OF CONDITION PREVENTS SPURIOUS OR INFLATED CLAIMS AND PROVIDES CLEAR EVIDENCE IN CASE OF GENUINE DISPUTE.

WHY THE SCHEDULE PROTECTS THE ADJOINING OWNER: EQUALLY, THE SCHEDULE PROVIDES THE ADJOINING OWNER WITH A DOCUMENTED BASELINE — IF GENUINE DAMAGE OCCURS (A CRACK APPEARING IN A PARTY WALL PLASTER AFTER JOIST CUTTING, SETTLEMENT CRACKING FOLLOWING ADJACENT EXCAVATION), THE SCHEDULE PROVES THESE DEFECTS DID NOT EXIST BEFORE WORKS AND SUPPORTS A COMPENSATION CLAIM UNDER THE ACT.

ONE OF THE MOST COMMON DELAYS IN LONDON RENOVATION PROJECTS IS FAILURE TO SERVE PARTY WALL NOTICES EARLY ENOUGH. THE STATUTORY NOTICE PERIODS UNDER THE ACT CANNOT BE WAIVED.

MINIMUM STATUTORY NOTICE PERIODS: SECTION 1 (NEW WALL ON BOUNDARY): 1 MONTH NOTICE. SECTION 2 (WORKS TO PARTY WALL OR STRUCTURE): 2 MONTHS NOTICE. SECTION 6 (EXCAVATION NEAR ADJOINING FOUNDATIONS): 1 MONTH NOTICE.

FULL TIMELINE FROM NOTICE TO COMMENCEMENT OF WORKS: WEEK 0: NOTICE SERVED. WEEKS 1-2: ADJOINING OWNER RESPONDS (OR 14 DAYS ELAPSES WITHOUT RESPONSE — DISPUTE DEEMED). WEEKS 2-6: SURVEYORS APPOINTED AND NEGOTIATE AWARD (AGREED SURVEYOR) OR WEEKS 2-12 (TWO-SURVEYOR). WEEKS 4-10 (AGREED) OR WEEKS 10-16 (TWO-SURVEYOR): AWARD ISSUED. COMMENCEMENT OF NOTIFIABLE WORKS MUST WAIT UNTIL AWARD IS ISSUED (OR CONSENT GIVEN).

PRACTICAL IMPLICATION FOR LONDON RENOVATION: FOR A LONDON REAR EXTENSION WITH LOFT CONVERSION ABOVE (SECTION 2 PARTY WALL WORKS PLUS SECTION 6 EXCAVATION): THE BUILDING OWNER SHOULD SERVE SECTION 2 AND SECTION 6 NOTICES AS SOON AS PLANNING PERMISSION IS GRANTED (OR PERMITTED DEVELOPMENT CONFIRMED) — IDEALLY 3 TO 4 MONTHS BEFORE THE TARGET START DATE. THIS ALLOWS TIME FOR AWARD NEGOTIATION WITHOUT DELAYING THE BUILD PROGRAMME. SERVING NOTICES LATE (WITHIN WEEKS OF THE TARGET START DATE) IS THE SINGLE MOST COMMON CAUSE OF PROGRAMME DELAY IN LONDON LOFT CONVERSIONS AND EXTENSION PROJECTS.

PARTY WALL SURVEYOR COSTS IN LONDON ARE PAYABLE BY THE BUILDING OWNER (THE PARTY CARRYING OUT THE WORKS) IN THE MAJORITY OF CASES — THE ACT PLACES THE COST BURDEN ON THE PARTY PROPOSING THE WORKS.

AGREED SURVEYOR FEES (ONE SURVEYOR ACTING FOR BOTH PARTIES): STRAIGHTFORWARD AWARD (NO SITE VISIT COMPLICATIONS, SINGLE NOTIFIABLE BOUNDARY): £600 TO £1,200. AWARD INVOLVING SITE VISIT, SCHEDULE OF CONDITION, AND MODERATE COMPLEXITY: £1,000 TO £2,000. COMPLEX AWARD (BASEMENT, MULTIPLE BOUNDARIES, EXTENSIVE SCHEDULE OF CONDITION): £1,500 TO £3,500.

TWO-SURVEYOR CASE (BUILDING OWNER'S SURVEYOR PLUS ADJOINING OWNER'S SURVEYOR): BUILDING OWNER PAYS BOTH FEES. TYPICAL TWO-SURVEYOR CASE TOTAL COST (BOTH FEES + THIRD SURVEYOR IF REQUIRED): £2,000 TO £6,000+.

SCHEDULE OF CONDITION ONLY (WHERE CONSENT WAS GIVEN BUT BUILDING OWNER STILL WANTS DOCUMENTED BASELINE): £400 TO £800.

KEY LONDON PARTY WALL SURVEYOR FIRMS: PYRAMUS AND THISBE CLUB (PROFESSIONAL ASSOCIATION — MEMBER DIRECTORY ONLINE). RICS FIND A SURVEYOR (FILTER BY 'PARTY WALL' SPECIALISM). MANY LONDON STRUCTURAL ENGINEERING PRACTICES ALSO OFFER PARTY WALL SURVEYOR SERVICES.