Frequently asked questions
What is the Party Wall etc. Act 1996?
Are my works notifiable under the Party Wall etc. Act 1996?
Should my neighbour serve noitce on me?
If your neighbour is proposing works which are notifibale under the Party Wall etc. Act 1996 then the Act staes that valid notice must be servd on the adjoining owners.
What is a Party Wall Award/Agreement?
A Party Wall Award is a legally binding document, which sets out the rights and responsibilities of both the building owner and the adjoining owner during the course of the notifiable works.
Can I change my Party Wall surveyor?
Once a party wall surveyor has been appointed in writing usually by why of that surveyor's standard letter of appointment his appointment cannot be rescinded and he may only be removed from the process by deeming himself incapable of acting in writing.
Who is the Adjoining Owner in the Party Wall etc. Act 1996?
The Adjoining Owner is an owner or occupier of a building/structure adjoining that of a building owner who is proposing works notifiable under the Act. The Adjoining Owner can be a Freeholder or Leaseholder.
Will I have to pay for my neighbours surveyor?
Who is the Building Owner in the Party Wall etc. Act 1996?
The building owner is the developer who owns the land where works are being proposed. This can be a Freeholder or Leaseholder.
Should I serve my own Party Wall Notice?
We would advise that you call Stephen Hawes & Co. Party Wall Surveyors before you serve your own notice. Serving your own invalid noitce can mean an invalid process.
Will Building Owner be responsible for damage to Adjoining Owner Property?
Prior to the notifiable works commencing the surveyor (s) will attend the adjoining owners' property to carry out a schedule of condition survey so there is a recorded condition of the adjoining owners' property prior to notifiable works commencing, if damage is reported that was not evident at the schedule of condition survey and that damage justifiably attributed to having been caused by the building owner's notifiable works then the surveyor (s) will award that damage in the adjoining owners favour and the building owner will either have his contractor make good this dmage at their expense or if the adjoining owner requests payment will be made in lieu so that the adjoining owner can appoint their own contractor to make good the damage.
Will the Party Wall etc. Act 1996 allow access?
The Adjoining Owner must be given 14 days’ notice of the intention to exercise rights of entry and such notice must be given in writing in accordance with section 8 of the Party Wall etc. Act 1996.
Will my Surveyor be able to act for myself and my neighbour?
What is the role of the Party Wall Surveyor?
The surveyor or surveyors will settle any dispute that arises as a result of the notifiable works by making an award, usually prior to the notifiable works commencing a schedule of condition survey will also be undertaken of areas of the adjoining owner's property adjacent the notifiable works so to simplify matters in the instance that damage was to occur as a result of those notifiable works. The Party Wall Surveyor will also review the architectural plans and structural drawings so to identify any additional protective measures or supports that may be required.