Guide
When do I need a party wall surveyor?
You have to appoint a party wall surveyor when a dispute arises over notifiable work. Here's how that happens, and what follows.
First: is the work notifiable?
- If you're the building owner and you intend to carry out work on or near a shared or adjoining boundary that is "notifiable" under the Act, you must serve a party wall notice on the adjoining owner(s).
- Notifiable work includes building new walls at the boundary, extending or altering existing party walls, excavating near neighbouring buildings, and other work specified in the Act.
- The notice must tell the adjoining owner(s) about your proposed work and give details of its nature and extent.
- The adjoining owner can consent, dissent (object), or stay silent, and silence is treated as dissent. If they dissent, a dispute is deemed to have arisen.
Then: surveyors are appointed
- If a dispute arises, party wall surveyors must be appointed to prepare a party wall award.
- The building owner and adjoining owner(s) can agree to appoint a single surveyor, known as an agreed surveyor, who acts impartially. Alternatively, each party can appoint their own surveyor.
- If two surveyors are appointed, they select a third surveyor, who is called on only if they can't agree.
- The surveyor(s) prepare the party wall award, a legally binding document setting out each party's rights and responsibilities during and after the work.
- The award covers matters such as the nature of the work, access to the property, working hours, compensation for damage and other relevant conditions.
Even if your neighbour consents, it's wise to have a schedule of condition prepared before work starts. It protects both of you if cracks or damage are reported later.
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