Party Wall etc. Act 1996 – When Does It Apply?
The Party Wall etc. Act 1996 provides a legal framework for preventing and resolving disputes related to:
- Building on or near shared walls
- Excavating near a neighbouring building
- Alterations to party walls (shared walls between properties)
If your planned work falls under this Act, you must notify affected neighbours in writing. They have 14 days to consent or dispute. If they dispute, a formal process involving surveyors begins.
The Role of an RICS Surveyor
A surveyor accredited by the Royal Institution of Chartered Surveyors (RICS) brings recognised professionalism and impartiality to boundary disputes.
RICS surveyors:
- Assess boundary positions using title deeds, historical maps, and site measurements
- Prepare boundary or party wall awards (legal documents recording decisions)
- Act as agreed surveyors for both parties or as independent experts
Choosing a RICS-accredited surveyor ensures they adhere to a strict code of conduct and offer regulated dispute resolution services.
The Process of Disputing a Party Wall Notice
If a neighbour disputes a Party Wall Notice, the following steps are taken:
- Appointment of Surveyors
Each party appoints their own surveyor, or both agree on a single surveyor (called the Agreed Surveyor). - Survey and Inspection
The surveyor(s) assess the property and proposed work, considering legal boundaries and structural implications. - Drafting the Party Wall Award
This legal document details:- The scope and timing of the work
- Any protective measures required
- Access rights
- Responsibility for costs
- Serving the Award
Once agreed, the award is legally binding. Either party has 14 days to appeal it in a county court if they believe it’s unjust.
How Independent Surveyors Work
An independent (Agreed) Surveyor acts impartially for both parties and helps minimise costs and conflict.
Their role includes:
- Investigating the boundary or party wall issue
- Reviewing evidence from both parties
- Making an impartial determination
- Issuing a legally binding Award or Boundary Determination
If each party has their own surveyor, a Third Surveyor may be appointed to make a final decision if the first two cannot agree.
Resolving Disputes Amicably
While legal procedures exist, early dialogue and expert advice can prevent disputes from escalating. Mediation or expert determination by a RICS surveyor is often quicker and more cost-effective than court.
Final Thoughts
Boundary and party wall disputes can be disruptive, but with proper knowledge of the law and support from qualified professionals, they can be resolved effectively. Whether you’re planning construction or defending your rights, consult a RICS surveyor early to ensure compliance and avoid conflict.