Frequently asked questions.

Q: What services do Grey & Associates offer?

A: Grey & Associates specialise in the Party Wall Act, including serving notices, Schedules of Condition (surveys), negotiating Awards and offering free advice to home owners and architects. We provide expert advice and guidance on party wall matters.

Q: What is a party wall?

A: A party wall is a wall shared by two adjacent properties, often dividing the properties. The Party Wall etc. Act 1996 governs the rights and responsibilities of property owners in relation to these walls.

Q: How do I contact Grey & Associates?

A: You can contact us via our contact page and filling out the form or by calling us directly.

Q: What is the Party Wall etc. Act 1996?

A: The Act is legislation that provides a framework for preventing and resolving disputes regarding party walls, boundary walls, and excavations near neighbouring buildings.

Q: When do I need a party wall agreement?

A: Technically there is no such thing as a party wall agreement. You may consent or dissent to notice(s) which have been served. If you dissent both parties will need to appoint surveyor(s) and the surveyor(s) will agree/negotiate and serve an Award. It is this Award that is often referred to as a party wall agreement. Notice needs to be served when you are planning to carry out building work on or near a party wall or boundary or excavating within 3m of, and lower than a structure owned by or shared with a neighbour.

Q: How do I serve a party wall notice?

A: Serving a party wall notice involves informing your neighbours in writing about your planned works. This must be done at least two months before the work starts. There are specific things that need to be included in a notice which the Government Explanatory Guide does not make reference to. It is for this reason that almost all notices served by home owners are incorrect and invalid.

Q: What happens if my neighbour disagrees with the proposed works?

A: If a neighbour disagrees they can dissent, leading to the appointment of a party wall surveyor to resolve the dispute. It is important to note that providing the proposed works comply with any planning requirements your neighbour cannot prevent the works from taking place. Depending on your design it does sometimes happen that minor changes need to be made to the design.

Q: What is a party wall surveyor?

A: A party wall surveyor is a specialist who helps resolve disputes under the Party Wall etc. Act 1996. They ensure that the rights of both parties are protected during construction work.

Q: How are disputes resolved under the Party Wall etc. Act 1996?

A: Disputes are resolved through the appointment of one or more party wall surveyors who will agree an Award outlining the work and how it should proceed.

Q: What is included in a party wall Award?

A: A party wall Award includes the details of the proposed works, conditions for carrying out the works, and who pays for the work along with the rights and responsibilities of both the Building Owner (person carrying out the works) and the Adjoining Owner (the neighbour).

Q: What is the purpose of the Party Wall etc. Act 1996?

A: The Act aims to prevent and resolve disputes related to party walls, boundary walls, and excavations near neighbouring buildings.

Q: What types of work are covered by the Act?

A: The Act covers new building on the boundary line, work to an existing party wall or party structure, and excavation near neighbouring properties.

Q: How much notice do I need to give my neighbour?

A: For most works, you need to give at least two months' notice. For excavation work and building on or astride the Line of Junction (boundary), at least one month’s notice is required.

Q: What should a party wall notice include?

A: The notice should include the Building Owner’s and Adjoining Owner’s names and addresses, details of the work proposed which trigger the Act, and the start date.

Q: What rights do I have under the Act?

A: You have the right to carry out certain works, but you must notify your neighbour and, if necessary, take steps to protect their property.

Q: What happens if I damage my neighbour's property?

A: You must either make good the damage caused or compensate your neighbour for any damage caused by the works.

Q: Can my neighbour refuse my notice?

A: Your neighbour can dissent to the notice but, with one exception, they cannot refuse your notice. If you are proposing to build a new party wall astride the boundary you need their explicit consent which they can refuse. In this situation you can still build the wall but it will need to be wholly on your own land.

Q: How can I get help if I'm unsure about the Party Wall Act requirements?

A: Consult a professional party wall surveyor to ensure compliance and to help resolve any disputes.

Q: What if the appointed surveyors cannot agree?

A: When surveyors are first appointed the first thing they must do is to agree on the selection of a Third Surveyor who will act as a judge after the two surveyors refer the disputed matter(s) to him. They will both make submissions, the Third Surveyor will ask questions to clarify the matters in dispute and then make his determination in the form of an Award.

Q: Who pays for the surveyor's fees?

A: The Building Owner undertaking the work usually pays the surveyors’ fees unless agreed otherwise.

Q: What other expenses might be involved?

A: Expenses can include costs for making good any damage, securing the adjoining property, and any other necessary protective measures, Security for Expenses and a contribution for making use of a party wall constructed by a neighbour.

Q: Do I have the right to access my neighbour's property?

A: Yes, the Act allows you to access your neighbour's property to carry out works, provided you give proper notice and take steps to minimize disruption.

Q: What if my neighbour refuses access?

A: If your neighbour refuses access you will need your surveyor to speak to the police and explain to them that they are required to accompany you, your contractor and/or your surveyor to force access. We have experience with this situation but it is very rare.

Q: What should I do if I plan to carry out work covered by the Act?

A: Consult a party wall surveyor to ensure compliance with the Act and to help manage the process smoothly.

Q: Where can I find more detailed information about the Party Wall etc. Act 1996?

A: A copy of the Act is available on the official legislation website here.

Q: How can I get help if I'm unsure about the Party Wall Act requirements?

A: Contact us to ensure compliance and to help resolve any disputes.