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Welcome to Malcolm & Garrett
At Malcolm & Garrett, we specialise in providing professional and impartial advice on all matters related to the Party Wall etc. Act 1996. Whether you're a homeowner, developer, or neighbour, our team is dedicated to ensuring that your interests are protected throughout the construction process. From serving Party Wall Notices to preparing legally binding Party Wall Awards, we handle every step with precision and expertise. With a focus on clear communication and exceptional service, we’re here to make the process seamless and stress-free for all parties involved.
What is the Party Wall etc. Act 1996?
If you or your neighbour are planning to undertake a kitchen extension, convert the loft space, reconfigure internal layouts or excavate a basement, the proposed works may well fall under the provisions of The Party Wall etc. Act 1996.
The Act broadly covers three distinct types of ‘notifiable’ work (more detail below):
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Alterations to party structures, such as walls separating terraced or semi-detached houses, which can in turn be divided into flats
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Excavation work within 3m that is lower than existing neighbouring foundations
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New walls constructed on boundary lines
Where work falls within the scope of the Act, it is necessary for a Building Owner to serve notice and obtain the Adjoining Owner’s consent. If consent is not given, the parties are deemed to be ‘in dispute’ under the Act and surveyors must be appointed to resolve the dispute by way of a Party Wall Award.The process set out in the Act protects neighbours (Adjoining Owners) by determining the manner and timing of notifiable work whilst having the ability to offer compensation in the event that damage is caused. It also affords the property owner who is undertaking the work (Building Owner), certain rights such as access to neighbouring land for the purposes of completing that work.
TYPES OF WORKS COVERED BY THE PARTY WALL ACT
Notifiable work under the Party Wall act falls into three distinct categories, each corresponding to a different Section of the Act:
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SECTION 1: NEW BOUNDARY WALLS
The most common type of new building is the construction of a new wall up to (but not beyond) the boundary, which is technically referred to as a 1(5) wall. Adjoining Owners can incorrectly believe that any new walls need to be set slightly back from the boundary (typically because their architect told them this when they built their extension 20 years ago) but this is not the case. As long as all elements including roofs, gutters and fascias do not protrude, the wall can be built right up to the boundary and does not require the neighbour's consent.
A less common wall type is a 1(2) wall, which is built 50/50 on the boundary and does require the Adjoining Owners' consent. This is advantageous to the Building Owner as they gain a slightly larger extension, whilst the Adjoining Owner gets a party wall that they can then build off with their own extension in the future (unlike a 1(5) wall which they cannot).
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SECTION 2: WORK TO A PARTY WALL
The Act lists 14 different work types that fall under Section 2, with the vast majority falling under only half a dozen sections. Below are the most common types of work to a party wall:
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2(2)(a): Underpinning a party wall which is necessary for basement excavations but can also be required for extensions where existing foundations need strengthening. This also applies to the raising of party wall, most commonly where parapet walls are raised to accommodate a loft extension.
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2(2)(b): Repairing or demolishing and rebuilding a party wall where such a repair is warranted.
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2(2)(f): Cutting into a party wall for steel beams (loft conversion, removal of structural walls), joist hangers or waterproofing lead flashings.
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2(2)(g) Cutting away from a party wall, typically in the case of chimney breasts or structural walls.
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2(2)(l): Raising or demolishing and rebuilding a garden party wall and rebuilding to accommodate the flank wall of an extension.
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2(2)(n): Exposing a party wall, subject to adequate weathering.
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SECTION 6: EXCAVATIONS
This section of the Act applies to excavations for foundations that are within 3 metres of a neighbouring property and deeper than their existing foundations. The majority of London housing stock is either Victorian or built in the 1930s, and their foundations rarely exceed 30cm. However, proposed foundations will have to be a minimum of 1 metre deep to satisfy current Building Control requirements. This section can also apply to shallower pad foundations or where entire sections of land are lowered.
How much does a party wall surveyor cost?
The cost of a Party Wall Surveyor can vary depending on the complexity of the works, the number of properties involved, and the level of service required. On average, fees start from as little as £99 for a Party Wall Notice and range upwards depending on whether additional services like a Schedule of Condition or a Party Wall Award are needed.
For an accurate and tailored quote based on your specific requirements, click the button below to get started!
PARTY WALL FAQ'S
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What happens if my neighbour doesn’t respond to a party wall notice?In most cases, if a neighbor doesn’t respond within 14 days, they are considered to be in dispute under the Party Wall Act. In this case, we can guide you through appointing a surveyor to resolve the matter.
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What if my neighbour refuses to consent to the Party Wall Notice?If your neighbour refuses to consent to the Party Wall Notice or does not respond within 14 days, the matter is considered “in dispute,” and both parties are required to appoint a Party Wall Surveyor. You and your neighbour can agree on a single surveyor (known as the “Agreed Surveyor”) to act impartially, or each party can appoint their own surveyor. These surveyors will work together to produce the Party Wall Award, which outlines the rights and responsibilities of each party and how the work will proceed.
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Who is responsible for the costs associated with Party Wall matters?Generally, the party that is carrying out the building work is responsible for the costs associated with the Party Wall process, including the fees of the Party Wall Surveyor(s) and any related legal expenses. However, if the work provides benefit to both parties, such as rebuilding a shared wall in disrepair, the costs may be shared proportionately. Your surveyor will provide clear guidance on cost allocation during the process.
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What should I do if my neighbour starts work without serving a Party Wall Notice?If your neighbour commences work affecting the Party Wall without serving a notice, you should seek immediate advice from a Party Wall Surveyor. The surveyor can assess the situation and advise on your rights, which may include applying for an injunction to stop the work until proper procedures are followed. You may also be entitled to claim for damages if the unauthorized work causes any harm to your property.