If you’re planning building work, you might be tempted to undertake the party wall process yourself.
And while in some situations, you can manage parts of the process without appointing a surveyor, you can’t do the entire process yourself.
In this beginner’s guide, we’ll show you what you can and can’t do during the party wall process, and when you will need a party wall surveyor like Peter Barry.
Under the Party Wall etc. Act 1996, you must first serve a party wall notice which outlines your planned works. Your neighbour then has the opportunity to consent or dissent.
You are allowed to draft and serve the party wall notice yourself. If they consent, you may proceed without appointing surveyors. In that case, the written consent effectively becomes the agreement between neighbours.
If they dissent, surveyors must be appointed, and a party wall award is prepared. This document sets out how the works will be carried out and protects both properties.
You’re not legally allowed to act for yourself so must appoint a party wall surveyor.
Many homeowners get confused between a party wall agreement and a party wall notice, with some using the term “party wall agreement” to describe the entire process.
In reality, there are two distinct documents to be aware of during the party wall process.
Understanding this distinction helps avoid confusion when researching the process.
Yes, a building owner is allowed to serve their own party wall notice as the Party Wall Act doesn’t require notices to be prepared by a surveyor.
However, the notice must contain the correct information and be served properly. If the notice is incorrect or incomplete, it may be considered invalid, and the process will need to start again.
For this reason, some homeowners prefer to have notices prepared professionally.
You can learn more about party wall notices in our guide.
No, you cannot act as your own party wall surveyor in the event of a dispute with your neighbour.
Under the Party Wall Act, a surveyor must be appointed. The owners cannot act as their own surveyor.
Surveyors appointed under the Act must act impartially and follow the statutory procedure. Their role is to assess the proposed works and prepare the party wall award.
Even if you initially served the notice yourself, a surveyor becomes necessary once the dispute process begins.
You may need to follow the party wall process if your works involve:
Loft conversions, rear extensions and basement works commonly trigger these requirements.
If you’re unsure whether your planned works are covered in the Party Wall Act, be sure to contact us today to learn more.
The process normally works like this:
Once the award is served, the works can proceed in accordance with the conditions set out in the document.
Your neighbour can refuse consent to the proposed works.
However, refusal doesn’t automatically stop the project. Instead, it triggers the formal dispute resolution process under the Party Wall Act.
At that stage, surveyors are appointed to assess the works and prepare the party wall award.
The award sets out how the work must be carried out and what protections must be in place for the adjoining property.
You can learn more about what happens if your neighbour refuses a party wall agreement by reading our guide.