Party Walls
With ever-increasing pressure of development to right and left, behind and above, it is important
to understand how to use the Party Wall Act 1996 to protect one's property and interests.
The Kensington Society held an invaluable lecture and discussion, packed with useful information
and advice - so much that it would be impossible to summarise here.
The NCS takes no responsibility for the information/advice which follows.
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Anyone who wants comprehensive info should get onto https://www.gov.uk/party-walletc-act-1996-guidance
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The Royal Institution of Chartered Surveyors (RICS) - The professional body for surveyors has a party wall Helpline putting anyone in touch with an experienced local RICS member who
can provide up to 30 minutes of free advice (0870 333 1600)

The Ladbroke Association has compiled a list of recommended surveyors, and says that
anyone who would like a copy of this list can obtain it by e-mailing
editor@ladbrokeassocition.net
(See NCS Website for more advice)
The Party Wall etc Act 1996 provides a framework for preventing and resolving disputes in
relation to party walls, boundary walls and excavations near neighbouring buildings.
A building owner proposing to start work covered by the Act, ie:
• to build a free standing wall or a wall of a building up to or astride the boundary with a
neighbouring property
• or work on an existing party wall or structure, or build against same
• or excavate near a neighbouring building,
must give adjoining owners notice of their intentions in the way set down in the Act.

Adjoining owners can agree or disagree with what is proposed. Where they disagree, the
Act provides a mechanism for resolving disputes.

The Act is separate from obtaining planning permission or building regulations approval.

Adjoining owners have 14 days from the date of serving notice to dissent or agree to the
works.

If a neighbour intends to do any work which might affect your property, you would
probably be well-advised to employ a Party Wall Surveyor. (Fees would normally be paid
by the Building Owner doing the work.)

A "chat over a cuppa" with the neighbour - as soon as he indicates his intention to do any
works - is probably the best way to address possible issues

The essential starting point (NB – best done BEFORE works are started) is for the Surveyor
to prepare a full "schedule of condition" (a benchmark against which any claims will be
assessed). Make sure the Surveyor has complete access: don't try to hide any existing
damage

If you suffer unreasonably (excessive noise) from works going on next door, write to
Environmental Health at RBKC to complain, and keep pestering them in writing to take
action to mitigate.
Additional information
Both you (as Adjoining Owner - AO), and the Building Owner - BO, may appoint your own
separate Surveyors; a third surveyor may be necessary to determine a "matter" in dispute. If you
wish to appoint your own surveyor, his/her name and details should be notified to the BO within
14 days
Make sure the Party Wall Agreement works for you in the future. If everything is built on one side
of the property, the adjoining owner loses all rights to it in the future. This could be a problem
if/when the owner wants to build, underpin, thicken, raise, demolish/rebuild
If you suffer unreasonably (excessive noise) from works going on next door, write to
Environmental Health at RBKC to complain, and keep pestering them in writing to take action to
mitigate.
Other potentially useful points:
-
A party wall notice is there to reinforce the Party Wall Act: to protect the adjoining owner from
the consequence of a building owner appointing a poor/cowboy contractor
you can serve a (Party Wall ) notice retrospectively
You can appoint a surveyor retrospectively
An adjoining owner can agree ANYTHING with the building owners: surveyors can only deal with
disputes
If the boundary line is a wall, then it should have no protrusions – gutters, satellite dishes etc –
on it as they will overhang the property/space and technically area not permitted to do so
Surveyors can’t be expected to know about conservation Area requirements: that is not their
brief
Further information available from the Pyramus & Thisbe Club - www.partywalls.org.uk
The Ladbroke Association has compiled a list of recommended surveyors, and says that anyone
who would like a copy of this list can obtain it by e-mailing editor@ladbrokeassocition.net
NB Disclaimer: The NCS takes no responsibility for the information/advice given in this article or
on the website.