When is a Party Wall Surveyor Required?

When is a Party Wall Surveyor required?

Put together by a Party Wall Surveyor, a Party Wall Award is an agreement made between at least two neighbouring occupiers when a certain type of construction/building work is undertaken to a party boundary or structure, or where works are being undertaken in close proximity to a party boundary or structure. 

What works require a Party Wall Award

Notices are required to be issued on to an Adjoining Owner under the Party Wall etc. Act 1996 and are categorised into three different areas:

Line of Junction Works – This relates to where there is currently no structure built on the boundary line (line of junction) or where the structure is a free-standing boundary wall that does not span the boundary line. This does not include a fence alone. The Building Owner (party undertaking the works) is required to serve a Line of Junction notice where they intend to complete the following:

• Construct a Party Wall;
• Construct a Party Fence Wall
• Construct a boundary or external wall on the Building Owner’s land, up to the line of the boundary.

The section under which the notice is served will differ depending on whether it is proposed to for the wall to astride the boundary line or whether the Building Owner intends to construct the wall along their side of the Line of Junction. In both circumstances the Building Owner has the right to place footings across the boundary, under the Adjoining Owners land, subject to these not being special foundations. Should special foundations be required then the Adjoining Owners consent needs to be obtained. 

A Line of Junction notice is required to be served by the Building Owner at least one month prior to the commencement of the intended start date. 

Party Structure Works – This relates to where works are to be undertaken to an existing party structure. The structure is typically jointly owned by the Building Owner and the Adjoining Owner. The typical type of works and rights granted include the following:

• Underpinning;
• Thickening;
• Raising;
• Repairing;
• Demolishing and rebuilding;
• Cutting into;
• Cutting away/cutting off projections;
• Reducing the height of;
• Exposing.

A Party Structure Notice is required to be served by the Building Owner at least two months prior to commencement of the intended works. 

Adjacent Excavation Works – This relates to where the Building Owner intends to excavate land for the purpose of erecting a new structure within a given distance of the Adjoining Owners structure. There are two types of excavations which fall within the Act:

• Excavations within 3m of a building or structure to a lower level than the bottom of the foundations of the building/structure;
• Excavations within 6m of a building or structure that cuts a line when drawn downwards at 45 degrees from the bottom of the Adjoining Owners existing foundation from the point in line with the outside face of the building or structure. 

With this type of Notice the Building Owner is sometimes required to underpin or otherwise strengthen or safeguard the foundations of the adjacent building. 

An Adjacent Excavation Notice is required to be served by the Building Owner at least one month prior to the commencement of the intended start date. 

It is important to engage a commercial building surveyor when assessing the requirement to issue a Notice and look to agree an Award. A commercial building surveyor is aware of when a the Act is applicable and when an Award is required. 

At Commercial Building Surveyors, we offer Party Wall Award Surveys in the following locations: Party Wall Surveyor Bristol, Party Wall Surveyor Manchester, Party Wall Surveyor Birmingham & Party Wall Surveyor London.