1. New Building works at or astride the boundary between two properties.2. Structural work affecting an existing shared/party wall, including repairs, alterations, extending or reducing the wall, cutting into the wall and underpinning.3. Excavating, or constructing foundations within three metres of a neighbour's building where the new foundations will go deeper than the neighbour's.4. Excavating, or constructing foundations within six metres of a neighbour's building where the new foundations will cut a line drawn downwards at 45 degrees from the bottom of the neighbour's foundations.
If you are the owner proposing to have the works carried out, you must identify whether the works are governed by the Act. If so, you must serve statutory notice (one or two months depending upon which part of the building is affected) on the adjoining owners and get agreement to the building programme, before you start.If your neighbours do not agree in writing, the preferred solution would be to appoint one surveyor to draw up a Party Wall Award. This surveyor should be independent and should not be involved in the design or specification of the works. If you cannot agree a surveyor, then each side should appoint their own surveyor. The Party Wall Award will set out what can and cannot be done in accordance with the Act.If you are the adjoining owner and receive a party wall notice, you may agree to the proposed works if you are entirely happy that there will be no damage or consequences to your property. Otherwise, if you do not agree or if you ignore the notice, then you must agree to a single surveyor being appointed, or appoint your own. If you do neither then a surveyor should be appointed for you by the owner carrying out the works. Where a surveyor is appointed, a schedule of condition of your property will be carried out (in case any damage is caused) and a Party Wall Award will be prepared.Where appointed by the Building Owner we can advise and arrange to prepare and serve all necessary party wall notices, make any necessary appointments and arrange to agree matters and issue appropriate Party Wall Awards in accordance with the provisions of the Act.Where appointed by the Adjoining Owner we can advise and arrange to receive notices, prepare and serve all necessary party wall counter notices, make any necessary appointments and arrange to agree matters and issue appropriate Party Wall Awards in accordance with the provisions of the Act.Advice may be given upon the extent and limitations of the respective owners rights and obligations under the Act.Schedules of condition of adjoining property would be prepared and agreed between the surveyors, which we would normally prepare when appointed by the Building Owner.In all cases we will act with due care and in a spirit of co-operation between parties, liaising with the respective owners and appointed surveyors to reach agreement.If any other matters arise which are outside the scope of party wall matters separate instructions may be required for us to advise and act as necessary.The owner who is carrying out the works pays all of the fees for all of the surveyors. Fees for Party Wall Surveyors vary according to the nature and extent of the works. For a simple case of the building owner wishing to extend against / near an adjoining owners building fees may be around £1500 for a single agreed surveyor, or around £1000 for each of the two surveyors otherwise appointed. Our charge out rate for Party Wall matters is £90 + disbursements.