The Party Wall etc Act 1996 covers three different areas which all have a similar theme. The first one, Party Walls or more correctly Party Walls, Party Structures and Party Fence Walls, covers all aspects of separation between two differently owned properties be they the classic semi / terraced house or the vertical and horizontal divisions between a block of flats. The second aspect, Line of Junction, deals with the construction of a wall along the boundary line and the third relates to the excavation and/or construction within 3 or 6 metres of any adjoining building or structure.  Depending on the type of development being undertaken one, two or all of the relevant sections of the Act may apply.

A common misconception is that a Party Wall agreement has to be prepared, however all that is initially required under the Act is for the Building Owner to serve a notice on the Adjoining Owners that may be affected by the work advising them of the work proposed.  The Adjoining
Owners then have one of two options. Firstly they can consent to the work by simply replying to the notice. In most cases where the work is of a simple nature and agreement can be reached between the parties, the process of service of notice and consent will suffice and there will be no need for either party to appoint a Surveyor.

Where the work is more complex and the Adjoining Owner does not feel able as a lay person to assess the effect on their property and therefore do not feel they can consent, they can take the second of the two options and appoint a surveyor.  This can either be an Agreed Surveyor appointed jointly by both parties or an Adjoining Owner’s Surveyor with the Building Owner then appointing a Building Owner’s Surveyor.  It is then the responsibility of the Agreed Surveyor or Appointed Surveyors to draft the Party Wall Award. 

We do not undertake appointments as Agreed Surveyors and will only act as Building Owner’s Surveyor when we are also preparing the drawings for an extension or undertaking the role of Contract Administrator. We are however happy to accept instruction as Adjoining Owner’s Surveyor on most occasions.