PARTY WALL MATTERS
Expert party wall guidance
At INform Surveying, our team of chartered building surveyors provides expert guidance on party wall, boundary, and neighbourly matters, ensuring that property owners navigate their legal rights and responsibilities with clarity and confidence. Following the party wall process is essential to protecting not only the neighbour (adjoining owner) but also the building owner undertaking the property development or renovation. It is a framework for communicating and managing disputes between neighbours.
In this blog, we’ll explore the importance of party wall notices and awards (often called agreements), the key elements involved in managing party wall matters, and how INform Surveying supports clients in safeguarding their property rights. We’ll also guide you through a case study on party wall services, demonstrating the real-world impact of our expertise.
- Complementary services:
-
+ Neighbourly Matters
-
+ Expert Witness
-
+ Development Advice
KEY CONSIDERATIONS FOR EFFECTIVE PARTY WALL SERVICES
01 Clarity in Legal Rights and Obligations:
Understanding your legal responsibilities is critical in any party wall matter. We ensure that the building and adjoining owners are well-informed of their rights and the required procedures under the Party Wall Act. Clear communication and a deep understanding of the legal framework are the foundations of a successful party wall agreement.
02 Early Engagement and Consultation:
Early consultation with a party wall surveyor is key to avoiding disputes and delays. At INform Surveying, we work closely with clients from the outset to assess potential issues and develop a proactive plan that minimises the risk of conflict. This early engagement often leads to smoother negotiations and faster project progress.
03 Detailed Party Wall Notices:
Serving a proper party wall notice is the first formal step in complying with the Act. We always advise discussing the proposed building works with your neighbours as this helps maintain good relationships and ensures the neighbours have the early opportunity to raise any comments and matters for consideration, which can help the process and minimise the risk of a dispute. An invalid notice can lead to delays, distrust between the parties involved if not communicated correctly and an increase in professional fees. We handle this process with care, ensuring notices are accurate, compliant, delivered and managed in accordance with the prescribed timescales.
04 Expert Party Wall Awards:
When disputes arise, the party wall award—a legally binding agreement between the property owners—sets out the terms and conditions for the works. Our surveyors have the technical building experience and contractual and legal knowledge to draft party wall awards that are fair, balanced, and protective of all parties involved. This includes setting out the scope of work, the need for additional specialist involvement, access arrangements, and any necessary protective measures.
05 Mitigating Risks and Disputes:
Although the dissenting of a notice is a ‘dispute’, this is the legal term applied to the legal party wall process. It does not necessarily reflect the ‘falling out’ or disagreement between neighbours. Dissenting allows the full party wall process to be followed, which offers the protection of the Act to both parties. Neighbours do also ‘consent’, and to ensure the best possible outcome as part of the notification process and to mitigate delays to construction work and costs, we actively encourage our clients and architects to consult early in the design stage as there may be advice we can provide to eliminate notifiable works under the Act, thus no need for notice and the whole party wall process; or indeed, we may be able to work with the architect and engineers to offer alternative solutions to mitigate some of the risks and disputes that may arise over complicated works to the boundary affecting the neighbours. We proactively approach dispute avoidance by ensuring thorough communication between both parties and delivering unbiased, fact-based assessments. When disputes occur, our impartiality and expertise help resolve them swiftly, minimising disruption to building projects and maintaining good relationships between neighbours.
WHY PARTY WALL MATTERS ARE IMPORTANT
Party walls are shared walls or structures that sit on the boundary between two properties and are also defined as Party Structures and Party Fence Walls. They have specific legal obligations under the Party Wall, etc. Act 1996. When planning construction, renovation, or structural changes that affect a shared wall, the building owner (developers and homeowners) must ensure their rights and responsibilities under the Act are fully understood and respected. The Act also covers development where there are no party walls (building on the boundary), and it can also apply to floors between different demises, which can often lead to some confusion given the naming of the Act.
At INform Surveying, we provide comprehensive party wall services to support both building owners and adjoining owners. These services help mitigate risks, avoid disputes, and ensure compliance with the law. Whether a simple home extension or a complex commercial development, our party wall surveyors are here to manage the process with reasoned advice and expertise.
For further information and advice on PARTY WALL MATTERS please contact:
Our founders are always available for advice or support—feel free to reach out directly.
To learn more about our journey and values, visit our About Us page. Together, we’ve built a consultancy dedicated to placing clients first, delivering not just solutions, but clarity, precision, and long-term success.
CASE STUDY: ROYAL CRESCENT, WHITBY
Introduction and Client Background
Inform Surveying was appointed by a property developer who was converting a former mid-terrace 5-storey B&B into private apartments at the prestigious listed Royal Crescent on the Whitby seafront.
We were instructed as part of an established relationship with the client where Inform Surveying provides additional professional services such as Contract Administration and Principal Designer roles.
Objectives of the Party Wall Service
Coordinate with the design team to assess the design and works, and explore methods to minimise the risk of potential damage to neighbouring properties.
A key objective of this project was to reduce the impact on the twelve different neighbours (adjoining owners) while fostering a good relationship between the contractor and the neighbours. We needed to mitigate the risk of damage to adjoining properties, consider ways to safeguard their properties where necessary, and avoid disputes.
Survey Methodology and Legal Process
We liaised with the architect to review the works and ensure the contract drawings fully detailed the notifiable works under the Party Wall etc Act 1996. This ensured compliance with the Act when producing and formally serving the Notices to the numerous adjoining owners.
We first had to obtain the correct legal ownership details for each of the twelve neighbouring properties affected by the proposed work. This included the Landlord, as the Act applies to all property owners with a freehold title, leasehold title, or tenancy greater than 12 months.
The design team and developer had contact details for the neighbours and Landlord, enabling early communication with the affected neighbouring properties. We were fortunate that the whole property was managed, and the management organisation helped with this process and greatly improved communication.
Our assessment confirmed we had six adjoining owners, plus the Landlord, on either side of the development.
Upon completion of the design review and property, ownership searches through the Land Registry, we were in a position to draft the formal Notices to provide compliant notification of the intended works affecting the wall and boundary between the properties. Our assessment confirmed that we needed to serve two notices: a Party Structure Notice and a Notice of Adjacent Excavation.
We advised the developer of the expected programme to complete the party wall process so they could plan and manage their own programme.
Findings and Solutions
Following the issue of the notices, we received dissenting acknowledgement from all the adjoining owners. Due to the good communications undertaken and the involvement of the management company, we were fortunate to limit the number of adjoining owner surveyors to two, which greatly assisted in progressing with the drafting of the awards.
We contacted the adjoining owner surveyors, arranged meetings on site to inspect the adjoining properties and produced a photographic schedule of condition.
The property inspection and discussions resulted in some technical queries, which had to be referred back to the design team and developer. We managed this communication through to agreement and finalising the awards.
Outcome and Client Feedback
We successfully advised, managed, and completed the legal process of administering the party wall. The developer completed the work according to their programme. During the work, some minor damage was caused to the common stairwell. The surveyors assessed the damage and agreed to the remedial works with the contractor to the satisfaction of the adjoining owners.
Conclusion
At Inform Surveying, our party wall services ensure that property owners comply with legal obligations and protect their interests during building projects. Our focus on clarity, precision, and proactive dispute resolution, we help clients navigate complex party wall matters with confidence.
Planning a property development or renovation? Contact Inform Surveying today to ensure your party wall matters are handled with the expertise and care needed to safeguard your project.
CONTACT US
If you’d like to arrange a meeting or learn more about what we do, please email us or give us a call.
CONTACT INFORMATION
Our Office
102-103 Hague, Park Hill,
South Street, Sheffield S2 5AS
What 3 words: placed.backed.agenda
Open Office Hours
Mon-Fri : 9:00am - 5:30pm
Get in Touch
+44(0)114 321 9919
