Written by Billy Clarke MCIOB AssocRICS – independent building surveyor with 23 years’ experience in residential construction, at B.C Surveying Hertfordshire Ltd, an RICS-regulated firm.
Extending at the rear, converting the loft or adding a basement are some of the most common ways St Albans homeowners add space – especially in terraced and semi-detached houses where you share a wall with a neighbour. Many of these projects fall under the Party Wall etc. Act 1996, and getting the process right at the start can save months of delay and a great deal of neighbourly friction.
This guide explains how the Act works in practice. For help with a specific project, see my party wall surveying service.
Contents
- Does the Party Wall Act Apply to Your Project?
- Typical St Albans Projects That Need Notice
- Notices and Timescales
- What Happens After Notice Is Served
- Schedules of Condition
- Who Pays?
- If You Are the Neighbour
- Frequently Asked Questions
Does the Party Wall Act Apply to Your Project?
The Act applies to three main types of work:
- Work to an existing party wall or party structure – for example cutting in to insert steel beams, raising or thickening the wall, inserting a damp-proof course, or demolishing and rebuilding it
- Building a new wall on or at the boundary line between two properties
- Excavating near a neighbouring building – within 3 metres of it and deeper than its foundations, or within 6 metres where the excavation would cut a line drawn downwards at 45 degrees from the bottom of its foundations
Minor work such as drilling to fix shelves or replacing plaster usually doesn’t require notice. If you’re not sure, it is worth getting advice before you start.
Typical St Albans Projects That Need Notice
- Loft conversions on terraced and semi-detached houses, which often involve cutting into the party wall to support new steel beams
- Rear and side-return extensions, where new foundations are dug close to the neighbouring house or a new wall is built on the boundary
- Removing chimney breasts attached to a party wall
- Underpinning or basement works
In St Albans’ Victorian and Edwardian terraces, almost any loft conversion or rear extension is likely to involve the Act. If you’re buying a property with these plans in mind, a Level 3 survey will tell you about its current condition before you commit – see my guide to period homes in St Albans.
Notices and Timescales
The building owner (the person carrying out the work) must serve written notice on each adjoining owner:
- At least two months before starting work to a party structure (a Party Structure Notice)
- At least one month before building a new wall on the line of junction or starting notifiable excavations
Notices must contain the right information to be valid. A party structure notice lapses if the work hasn’t started within 12 months, so timing matters. Because of the notice periods, it’s best to serve notices well before your builder’s start date.
What Happens After Notice Is Served
Once notice is served, the adjoining owner can consent in writing, or dissent. If they don’t respond within 14 days, a dispute is deemed to have arisen. Where there is a dispute, surveyors are appointed to resolve it – either one Agreed Surveyor acting for both owners, or a surveyor for each owner, who together select a third surveyor in case they cannot agree.
The surveyors prepare a Party Wall Award: a legal document setting out what work will be done, how and when, together with a record of the neighbouring property’s condition and how any damage will be dealt with.
Schedules of Condition
A schedule of condition records the state of the adjoining property – with notes and photographs – before work starts. If cracks or other damage appear later, it provides clear evidence of what was already there. Even where a neighbour consents and no award is needed, I recommend a schedule of condition to protect both sides.
Who Pays?
In most cases the building owner pays the reasonable costs of the process, including the adjoining owner’s surveyor’s fees, because the work is being done for their benefit. Using a single Agreed Surveyor, where both owners are happy to do so, is often the quickest and most cost-effective route.
If You Are the Neighbour
If you receive a party wall notice, don’t ignore it. You can consent, or dissent and appoint a surveyor. A surveyor’s role under the Act is to act impartially and resolve matters in accordance with the Act – not simply to take one side – and the award will set out how your property is to be protected.
Frequently Asked Questions
Do I need a party wall surveyor if my neighbour agrees?
If your neighbour consents in writing, an award may not be needed – but a schedule of condition is still strongly recommended.
Does planning permission cover the Party Wall Act?
No. Planning permission, building regulations and the Party Wall Act are separate. You may need all three.
Can you act for both me and my neighbour?
Yes – where both parties agree, I can act as the Agreed Surveyor. See party wall surveying for details.
What about boundaries?
If there’s uncertainty about where the boundary actually is, a land or boundary survey can help before work starts.
