Do I need a party wall surveyor to serve notice, or can I serve notice myself?
You can serve notice yourself, but it may be prudent to engage a party wall surveyor to do it for you as many self-served notices are invalid for one reason or another and mainly because of a misunderstanding of how the Act operates.
What if I do not know who owns the adjoining property?
You must make all reasonable enquiries such as searching the Land Registry to find out ownership. Failing that you can address your notice to 'the owner' and fixing it to a conspicuous part of the premises or handing it to someone on the premises. It is wise to secure evidence that you have done that.
How do I 'serve' notice?
That depends on if it is an individual or body corporate. If it is an individual, you can deliver it in person, sending it by post or fix it to a conspicuous part of the premises. Posting it through the letterbox is not good service. In the case of a body corporate, you must deliver it to the secretary or clerk of the body corporate at its registered or principal office or by sending it by post to the secretary or clerk of the body corporate.
What will happen if the person to whom it is addressed does not receive it?
If you serve it correctly then that is all you can do. It is best if using the postal service to get proof of postage. After 14 days, there will be a deemed dispute if no consent is received in response to the notice.
If there is a deemed dispute because the adjoining owner has not responded, can I appoint an agreed surveyor?
No. You must appoint a surveyor on behalf of the adjoining owner and a different surveyor for yourself. An Agreed surveyor has to be 'agreed' between the parties.
What if there is a freeholder and also leaseholders of the adjoining property?
Both a freeholders and leaseholders are adjoining owners under the Act, and you may well have to serve notice on both however, if they are the same person, you would serve on the freeholder.
If they all dissent to the notice, can they appoint different surveyors?
Yes. Each adjoining owner has the right to appoint a surveyor of their choice and often there are multiple surveyors involved. However, if the adjoining owner refuses to let their surveyor be the agreed surveyor, then they could be deemed to be unreasonable and possibly have to pay some of the costs themselves.
If the adjoining owner does not to respond to the notice, what can I do?
After 14 days have passed from serving the initial notice there is a deemed dispute. You should then serve a 10-day notice informing the adjoining owner that they should appoint a surveyor within 10 days, or you will appoint one for them.
How much will the surveyors cost?
Your own surveyor may be able to provide you with a cost at the start of the work. The adjoining owner's surveyor is unlikely to do this and will charge by the hour. Your own surveyor may be able to provide you with a cost at the start of the work. The adjoining owner's surveyor is unlikely to do this and will charge by the hour.
Is there a set hourly charge for surveyors?
No. Hourly rates vary from £100-£400/hour depending on location. The only proviso is that the adjoining owner's costs must be 'reasonable' and agreed by the two surveyors. In other words, your own surveyor must agree the adjoining owner's costs.
I have heard about a 'third surveyor'. What is the third surveyor?
The third surveyor is selected and agreed by the two appointed surveyors immediately after they are appointed. He takes no part unless called upon by either one of the surveyors or one of the parties.
What is the third surveyor's role?
He acts as overall 'umpire' if the two appointed surveyors cannot agree on a matter.
Who pays the third surveyor?
If called upon to act he will make an award and determine who is responsible for his costs. This will be either the building owner, adjoining owner or both.e
Are there any other costs I am responsible for as building owner?
Sometimes it may be necessary for one surveyor to appoint a consultant such as a structural engineer. If it is necessary to do so, then those are also part of the adjoining owner's costs. Advising engineers are only usually needed in more complicated cases such as basement constructions.
Is the Party Wall etc. Act 1996 open to abuse?
It can be. There are certainly a few surveyors who are well known for racking up fees when acting as adjoining owner's surveyor.
How can I protect myself from this abuse?
Choose your own surveyor very carefully. It is your surveyor who will initially have to agree the adjoining owner's surveyors fees. A good surveyor will know what is reasonable or not.
What if my surveyor agrees that the fees are reasonable, but I disagree?
If the fees are agreed and form part of an award, then you 14 days to appeal the award in the County Court. However, you should always take legal advice before you embark on this course.
Have you ever questioned adjoining owner's surveyor's fees?
Frequently. I am aware like everyone else who the surveyors are who try to charge unreasonable fees.
I have heard of 'line of junction'. What is line of junction?
The Act does not define this, but it means the point at which both owners land meet. Essentially it is the boundary line, which most people understand the meaning of.
How do I know if I have to serve an excavation notice when I do not know how deep my neighbours foundations are?
If you live in semi-detached or terrace, the adjoining owners foundations are likely to be the same depth as your foundations. You can therefore excavate a trial hole on your land. However, the older the property generally the shallower the foundations. So, on a pre-war building you should assume a foundation depth of 400mm and post war, 600mm. Typically modern foundation will be to a depth of at least 900mm.
My house used to be a mid-terraced property and the end terraced was removed.
What was the party wall is now an external gable wall. How does this affect my property?
The party wall will continue to be a party wall and does not lose its status as a party wall because the adjoining property was demolished. The owner of the adjoining property still has full rights over the wall (unless he transfers ownership of the wall and the land, and it sits on by deed).
If I start work without serving notice, what are the implications?
The immediate implications are that the adjoining owner could apply for an interim injunction at court to stop you proceeding with notifiable works. You would have to comply with the injunction and stop work. Failing to comply with an injunction could result in a fine or even committal to prison.
I did not serve notice as I was not aware of the Act. The work is now complete. What should I do?
Realistically, nothing. Once the work is complete there is no retrospective action that can be taken. If your work has caused damage to an adjoining owner's property, you cannot retrospectively rely on the Act to resolve the dispute. This will be a common law issue. Surveyors can only be appointed if a valid notice has been served.
My neighbour has taken down the fence between our gardens. Can a party wall surveyor sort this out?
No. Fences are not covered by the Party Wall Act.
