Party Wall Advice for Owners of Properties in Tunbridge Wells

If you’re planning building works, Peter Barry Surveyors can guide you through the party wall process clearly and efficiently.

Our experienced, RICS-qualified surveyors can act for:

• Building owners planning works
• Adjoining owners affected by neighbouring works
• Both parties as an agreed surveyor

You’ll receive practical advice to help you comply with the Party Wall etc. Act 1996 and avoid unnecessary disputes.

When the Party Wall Act Applies to You

You may need to serve notice if your project involves:

• Altering or cutting into a shared (party) wall
• Excavating close to a neighbouring structure
• Building a new wall on or near a boundary

If your neighbour does not consent to the notice, a formal dispute arises under the Act. A surveyor (or surveyors) must then be appointed to prepare a legally binding Party Wall Award.

How We Support You

Our surveyor will:

• Prepare and serve the necessary notices
• Where a dispute arises, draft a Party Wall Award setting out how and when works should proceed
• Prepare a detailed schedule of condition to record the neighbouring property’s condition before work begins
• Help resolve concerns and minimise delays

Our focus is to ensure compliance with the Act while keeping the process as smooth and professional as possible.

Getting Started

You can send your drawings or project details for:

• Free initial advice
• A clear explanation of your obligations
• A competitive, fixed-fee quote

This ensures you understand your responsibilities early and can proceed with confidence.

If you’re planning construction on your property that might affect shared walls or neighbouring land, Peter Barry Surveyors will help you to understand your obligations under the Party Wall etc. Act 1996 and prepare early.

Start Early and Communicate

• Begin planning well before work starts — notice periods under the Act are 1 or 2 months depending on the type of work.
• It’s strongly recommended you speak with your neighbours before serving formal notices. When neighbours feel informed, they’re less likely to dissent, which can keep costs and delays down.

Professional Notice Preparation

• Our experienced party wall surveyors can review your plans to confirm if the works fall under the Act and, if so, draft the required formal notice(s).
• We offer this service for a flat fee of £75 plus VAT per neighbouring owner, giving you certainty on costs.

What Happens After Notices Are Served

• If a dispute arises, both you and your neighbour must appoint a surveyor although the Act permits the same surveyor to act for both parties (an “agreed surveyor”), which can simplify the process and help control fees.
• The surveyor(s) produce a Party Wall Award to resolve the dispute and allow the work to proceed. You are responsible for your own surveyor’s fees and the reasonable fees of any surveyors appointed by adjoining owners.
• For more complex scenarios (e.g., basement excavation or underpinning), awards will reflect additional risks.

Why It Matters

• Proper notice and surveyor involvement help manage neighbour relations, minimise disputes, and ensure works proceed lawfully and efficiently.
• Serving accurate notices and having robust records can also protect you if claims arise later.

If you’d like help evaluating whether your planned works fall within the scope of the Act or would like a fixed-fee quote please contact us today.

What “Adjoining Owner” Means

If your neighbour’s building works might affect your property and you receive a Party Wall Notice, you have important choices under the Party Wall etc. Act 1996.

Responding to a Party Wall Notice

• Once a notice is served on you, you can consent or dissent.
• If you do not respond within 14 days, the Act treats this as a dissent and a dispute is deemed to have arisen.

What Happens After You Dissent

• When a dispute arises, each owner must appoint a party wall surveyor so that a Party Wall Award can be agreed and served.
• The two appointed surveyors select a Third Surveyor to resolve any disagreements between them (though this is rarely necessary).

About the Party Wall Award

A Party Wall Award is a legally binding document that:

• Identifies the parties and describes the proposed works
• Sets out agreed safeguards to protect your interests
• Covers practical issues such as working hours, dust control, vibration limits, and access arrangements
• Resolves the dispute which arose when the notice was dissented to
• Includes a record of the condition of the relevant parts of your property before works begin

After the award has been served, the appointed surveyor(s) can be called upon to resolve any further disputes.

Fees & Surveyor Choice

• Although this isn’t explicitly stated in the Act, it’s a rule of thumb that the building owner pays both your surveyor’s fees and their own
• You can choose your own surveyor if you wish; alternatively, the same surveyor can be appointed for both parties (an ‘agreed surveyor’)

Protection & Advice

If you’ve received a Party Wall Notice and want to protect your property or understand your options, Peter Barry Surveyors will be happy to advise you on the best approach.

If you’re planning a basement extension, this type of work typically involves deep excavation and underpinning — and is one of the riskiest kinds of projects covered by the Party Wall Act. It’s especially important to understand how notices and surveyor involvement work before you start.

Notices You May Need

For basement work, you might have to serve multiple statutory notices under different sections of the Act. These are often served together but still need careful preparation and timing:

• Adjacent Excavation Notice (Section 6) — required if you plan to excavate within 3.0m (or up to 6.0m for very deep foundations) of a neighbouring structure and to a depth greater than that structure’s foundations. Statutory notice period is 1 month.
• Party Structure Notice (Section 2) — needed if you plan to underpin a party wall or cut into it. Statutory notice period is 2 months.
• Line of Junction Notice (Section 1) — applies where a new basement wall goes up to a boundary (e.g., to create a light well). Statutory notice period is 1 month.

Even if your project triggers more than one type, the notices can usually be served together and the outcome settled in a single Party Wall Award.

Special Foundations and Consent

Basements often use special foundations (concrete reinforced with metal rods) to maximise the floor space. These require the adjoining owner’s specific consent — and if they choose not to consent, the design may need to change. Discuss this early with your surveyor and engineer.

Surveyors, Fees & Protection

• Adjoining owners with long leases or freeholds must be notified if their interests are affected, and our surveyors can advise exactly where notices are required.
• If a neighbouring owner dissents or fails to respond, surveyors are appointed to create a Party Wall Award to resolve the dispute.
• Because basement works are higher risk, surveyors’ fees are typically higher, and independent structural engineers may be involved — at your expense.

What This Means for You

Basement projects almost always fall under the Party Wall Act and require careful early planning, correct notices, and professional surveyor involvement to manage risk, neighbour consent, and fees appropriately.