




Planning a Project?
Under the Party Wall Act, if you’re planning building works that fall under the parameters of the Act, you are known as the Building Owner.
As a Building Owner, you have a legal responsibility to inform the owners of affected neighbouring properties, called Adjoining Owners, about your planned works that fall under the Act. If your project involves any of the following types of work, you will likely need to serve a Party Wall Notice to the Adjoining Owners to stay compliant and avoid disputes.’
Types of Notifiable Works:
Excavation within 3 or 6 meters of your property
Cutting into the shared Party Wall
Removal of a chimney breast
Increase/decrease the height of a Party Wall
Obligations of a Building Owner
Obligation of a building owner
Notify your neighbours: Before starting any work covered by the Party Wall Act, you must inform the adjoining owners about your proposed project.
Receive responses: Once you serve a Party Wall Notice, the adjoining owners can either consent or dissent to the proposed work.
Proceed with work: If the adjoining owners consent to the notice, you may begin your building project in full compliance with the Act.
If adjoining owners 'Dissent' to the Party Wall Notice
Appoint surveyors: If the adjoining owners dissent, surveyors are appointed to resolve the resulting dispute under the Party Wall Act.
Record the property condition: Surveyors may prepare a Schedule of Condition, a detailed record of the adjoining property’s current state before work begins. This protects both parties by documenting any pre-existing issues.
Formalise the Agreement: The surveyors will agree on how the proposed works will be carried out, known as the ‘timing and manner’ recorded in a Party Wall Award (also called a Party Wall Agreement), which legally governs how the works proceed.
Why you need a Party Wall Surveyor?
At Hudson, we provide expert guidance and advice to Building Owners planning a construction project involving a shared Party Wall or in close proximity to a neighbouring property. Our goal is to help you comply with your legal obligations under the Party Wall etc. Act 1996, avoid disputes and carry out your project with confidence and peace of mind.
Ensure Legal Compliance
A Party Wall Surveyor guides you through the requirements of the Party Wall etc. Act 1996. They make sure your building project follows all legal obligations, including serving the correct notices to adjoining owners. This helps you avoid costly disputes or delays giving you peace of mind before work begins.
Protect Your Property
Surveyors prepare a Schedule of Condition, documenting the current state of your neighbouring properties before work starts. This creates a clear record of the property’s condition, protecting you if any claims arise later and preventing disputes over pre-existing defects.
Resolve Disputes Efficiently
If adjoining owners dissent to the Party Wall Notice, surveyors act as impartial experts to resolve the dispute. They agree on how the works will proceed and formalise everything in a Party Wall Award (or Party Wall Agreement). This ensures that your project can continue without unnecessary conflict or delays.
Frequently asked questions
Work such as, Excavation within 3 or 6 meters of an adjacent property, Cutting into the shared Party Wall, Removal of a chimney breast or Increasing the height of a Party Wall are likely to require Party Wall Notices.. Our surveyors can confirm if your project works requires notices.
If adjoining owners consent, you can proceed with your project without appointing surveyors. However, it’s still advisable to prepare a Schedule of Condition even when neighbours consent, as this protects you from any claims related to pre-existing defects.
If neighbours dissent, surveyors are appointed to resolve the dispute. They agree on how the works will proceed, record the adjoining owners' property’s condition in a Schedule of Condition, and formalise everything in a Party Wall Award, allowing work that falls under the act to proceed.
A Schedule of Condition is a detailed record of the current state the adjoining owners property before construction begins. It protects both parties by preventing disputes over pre-existing defects and providing a clear reference point should damage occur during work.
As the Building Owner, you are generally responsible for covering the cost of the surveyor who prepares the Party Wall Award and manages the process. If the adjoining owner chooses to appoint their own surveyor, you will also be responsible for the cost of their surveyor in most circumstances.
No. Starting work without serving the notice can lead to injunction and legal disputes. Prior to commencing works that fall under the ACT, you must first a serve party wall notices. No works can commence until either your neighbour has given written consent or a Party Wall Award has been agreed.
Even minor works to a shared party wall may require a Party Wall Notice. Our surveyors can provide guidance and confirm if your project falls under the Act.
Need help with your Party Wall Matters?
We’re here to help. Call for free advice or book a Chartered Party Wall Surveyor to call you at your convenience.




