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Appointing a Party Wall Surveyor & getting a Party Wall Award

Information & Frequently Asked Questions

Your neighbour has started or completed works without serving party wall Notice. Can I appoint a party wall surveyor and have a party wall Award?

Generally, there are two scenarios where a potential problem can arise when your neighbour has started or completed works without serving party wall notice:

Scenario 1

A situation could arise where an Award has been agreed however the neighbour has decided to undertake other notifiable party wall related works without informing the appointed surveyor(s) or you.

Scenario 2

Second scenario and more common is where the neighbour has started or completed works and has not formally notified you or hence no surveyor(s) have been appointed.

The reality of the situation is that the surveyors cannot control any works for which Notice was not served and it is wrong for anyone involved with the building project to think otherwise. Therefore, lets imagine your neighbour served you with a party wall Notice in regards to a proposed rear extension however your neighbour then starts a loft conversion without notification and by doing so they have caused plaster and decorative damage on your side of the party wall. Presently there is no mechanism legally under the Party Wall Act etc. Act 1996 for the issue of damage to be resolved as your neighbours did not issue with you a Notice in regards to the loft conversion.

Some party wall surveyors interpret the Party Wall Act to include works for which Notice has not been served by reference to section 10(1) which states that “where a dispute arises or is deemed to have arisen between a Building Owner and an Adjoining Owner in respect of any matter connected with any work to which this Act relates either:

  • Both parties shall concur in the appointment of one surveyor (“agreed surveyor”).
  • Each party shall appoint a surveyor and the two surveyors so appointed shall forthwith select a third surveyor”

However, it is our opinion that this interpretation can only be workable if a number of circumstances are in favour of you (the Adjoining Owner). These include:

  • Acceptance by the Building Owner that they have unlawfully carried out party wall related works for which they should have served Notice on you.
  • The cooperation of your neighbour to formally resolve the problem and to agree to the appointment of party wall surveyor(s) and to cover their reasonable professional costs and subsequent cost of building work to put right damage they have caused.

So, in summary if party wall damage has occurred or your neighbour has built over your land or removed part of your building without serving Notice and fails to act lawfully then it is our opinion that the only recourse you have is one of seeing a solicitor and acquiring a legal injunction to stop works or pursue other legal action to put right the loss, trespass or any other issue that has transpired.

Need to appoint a Party Wall Surveyor?

The team at ESQ Associates are here to assist you with any queries you may have regarding appointing a party wall surveyor or helping you understand the points described in the two scenarios.

Call us on our office number or drop us an email and one of our friendly staff will get back to you as soon as possible.

Need help? Call on:

07593 216 092

Party Wall F.A.Q.

We get asked questions all the time and we try and answer every single one. Here we have compiled a list of our most frequently asked questions. However, if your subject isn't listed, please, ask us a question.
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How is party wall damage dealt with and who pays for it?

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What is a party wall agreement?

When it comes to party walls, there are often several terms flying around that all sound like they are the same, but are in effect completely separate from each other. In our previous blogs, we have touched upon party walls, party structure notices, adjacent excavation notices and line of junction notices amongst others. Click here to read more

Loft conversions and the party wall etc Act 1996

Many people will wish to expand and enlarge their property for additional space, and going upwards seems to be popular, whether one is dealing with a residential property or a commercial office development. Click here to read more

Your neighbour has started or completed works without serving party wall Notice. Can I appoint a party wall surveyor and have a party wall Award?

Your neighbour has started or completed works without serving party wall Notice. Can I appoint a party wall surveyor and have a party wall Award? Click here to read more

What is a Party Structure Notice & when does it need to be issued?

Embarking on a property renovation project with an extension or a loft conversion is both an exciting and daunting prospect. There is much to plan, decisions to be made and permissions to be secured. One of the terms you may have heard mentioned by your architect or structural engineer is “Party Wall Award or Notice.” What exactly is a party wall notice and is it relevant to your building project? Click here to read more

What is an Adjacent Excavation Notice?

If you are planning to build an extension to your property which would involve excavating foundations, you may need to issue your neighbour or the adjoining owner with an Adjacent Excavation Notice. Click here to read more

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