Scaffold, Access and Over-sailing Licences

Building with scaffolding

For some work you may need access on or over adjoining land. You might have rights for access depending on the work and how the Party Wall etc. Act 1996 applies; ask us for party wall advice. If the right of access is not granted by the party wall act, it usually has to be negotiated separately. We can advise on this and provide the services required.

Access Licence

Access onto the neighbours land might be required for all kinds of temporary reasons e.g. for an excavator to access part of your site. An access licence could be negotiated with the neighbour and a written agreed licence produced by us. This would detail the start and finish dates, extent of access, the ground rent and general rules for the access activity. It would include a schedule of condition as a record of the neighbour’s land before access starts. You would be liable for loss or damage to the neighbour’s property. Insurances would be required. The negotiated weekly or monthly ground rent would be payable to the neighbour, usually with cost penalties for overrunning the agreed time.

Scaffold Licence

Scaffolding might need to be placed on or over the neighbours land for a time. In the same way as an Access Licence, a Scaffold Licence could be negotiated with the neighbour and a written agreed licence produced by us. This would detail the start and finish dates, extent of scaffold, the ground rent and general rules for the access activity. It would include a schedule of condition as a record of the neighbour’s land before access starts. You would be liable for loss or damage to the neighbour’s property. Insurances would be required. The negotiated weekly or monthly ground rent would be payable to the neighbour, usually with cost penalties for overrunning the agreed time.

Over-sailing or ‘Crane’ Licence

A landowner owns their property “from the centre of the earth to the heavens”. Where crane jibs or booms have to swing over the neighbours land, an Over-sailing or ‘Crane’ Licence could be negotiated with the neighbour and a written agreed licence produced by us. This would detail the start and finish dates, extent of airspace used, the airspace rent and general rules for the crane activity. It would include a schedule of condition as a record of the neighbour’s land before access starts. You would be liable for loss or damage to the neighbour’s property. Insurances would be required. The negotiated weekly or monthly ground rent would be payable to the neighbour, usually with cost penalties for overrunning the agreed time.

Access to Neighbouring Land Act 1992

If you are attempting to gain access for maintenance of an existing feature and you are refused permission, the Access to Neighbouring Land Act 1992 can be used to ask a court to grant an access order. This law can’t be used for new works such as building an extension.

An access order would detail the work to be done, the dates and times of access and any other arrangements. This is a costly exercise usually requiring use of solicitors. it is not always successful as the court may decide there are good reasons why you can’t have access. You would normally be liable for loss or damage depending on the courts order. If undertaking this route, you may need a schedule of condition made by us to go with the order so that the state of the neighbouring land is recorded before access starts.

You should always take legal advice before applying for a court order as we are not legal advisers.

We can be consulted for initial advice and appointed to work on a licence for one party or jointly.

Contact us for help.

Design and Drawing Service

– we draw architectural plans for planning permission, building regulations, project planning, working drawings and for solutions to technical problems.

Example elevation for a rear and loft extension by Dorian Burt Associates

Dorian Burt provides architectural design and drawing services for extensions, refurbishment and technical detailing. We do this for planning applications, building regulations applications, tendering, working drawings and for solutions to technical problems during projects or as one off defect solutions.

Choose any of these services or a combination as applicable:

  • Feasibility consultation
  • Outline drawings including 3D if required
  • Planning drawings / application (either ‘Full Plans’ or ‘Certificate of Permitted Development’)
  • Listed Buildings Consent drawings / application
  • Building regulations drawings / application (inspections excluded)
  • Liaison with your structural engineer (appointed directly to you and paid by you – we can suggest some)
  • Licence to Build Over a Sewer; drawings / application for water authority
  • Tender / construction drawings if not already covered by Building Regulations drawings
  • We can also offer a one-off design solution to a particular issue.

Read our step by step guide if you’re extending your home and If you need to understand the process more.

Example plan for a rear extension by Dorian Burt Associates

Each appointment is priced individually according to complexity or time involved and the services required.

We focus on producing traditional clear plans and elevations with working details as required. These range from simple to complex multi-layered drawings. We draw to scale to be sure everything fits.

We generally provide electronic versions in PDF format, but can get them printed on paper at small and large sizes. We can add specification notes to drawings or provide a written specification separately.

Our plans are formulated, produced and checked by Dorian Burt, a Chartered Surveyor who is more than a draftsperson, the surveyor has real world experience of the construction, inspection, refurbishment and maintenance of buildings. His knowledge and experience is put into the design work to avoid pitfalls, improve safety, ease construction, for longevity and economy.

Example plan for a loft extension by Dorian Burt Associates

We use industry standard AutoCAD computer-aided drawing software which we have worked with for many years throughout its updates and now the latest version. Dorian originally did his City & Guilds in AutoCAD in 1990, but as traditional methods were still the norm, learned to draft drawings with a parallel-motion drawing board, on paper and film, using pencil and ink, set square and stencils.

We uphold our duties under CDM Regulations as a Designer or Principal Designer as required by our work.

We work with our clients to understand their needs and advise the possibilities and constraints. We’re proud to say our designs and drawings are well thought out solutions which address the needs of clients, authorities and contractors.

Example drawing for eaves storage by Dorian Burt Associates

Building Surveyors – fighting climate change

green building

Building Surveyors, we’re the heroes of fighting climate change, who knew? I’m talking specifically about those involved in maintenance, repair, conservation and refurbishment. You know the mantra; REDUCE > REUSE > RECYCLE; we’ve been doing that for years.

We reduce the need for new-build. We keep existing buildings going, save what we have, refurbish, refit, re-use. We recycle them. All this cuts carbon emissions associated with new building work, as well as reducing consumption of materials and preserving history, modern or ancient. Continue reading

Party Wall Strategy

Dorian Burt provides advice to architects and designers in the application of the Party Wall etc. Act 1996 and how to design to maximise rights and avoid conflict in party wall matters.

While the provisions of the Party Wall etc. Act 1996 may be known to many in a basic form, the application of them in design work is quite nuanced and can lead to may pit-falls and opportunities. The issues to be considered include but are not limited to:

  • the status of existing walls
  • the likely boundary positions
  • the existing rights encompassed
  • the rights for the proposed work
  • which work is notifiable and alternative options
  • which notices must be served
  • the number of potential adjoining owners
  • rights for access to do the work
  • risk of damage encompassed
  • likely conflict objection and means of avoidance
  • avoiding trespass
  • maximising space
  • designing for maintenance
  • future proofing for neighbours work

We can review concept drawings, attend design team meetings and meet on site to give advice on these aspects.

The party wall process itself is explained on our page Party Wall Service. Also see our page Party Wall Questions & Answers.

Dorian Burt is an experienced party wall surveyor. He can be consulted for initial advice, appointed as either the building owner’s surveyor, the adjoining owner’s surveyor, or appointed as a joint agreed surveyor.

Where Dorian Burt is appointed in an advisory capacity this can be a direct appointment to the client or via the architect/designer. If Dorian Burt later becomes appointed as a party wall surveyor, this can only be a direct appointment to the building owner and Dorian Burt will be under a duty to act impartially in deciding party wall matters.

Contact us for help.

Consultancy for Construction, Commercial and Public sectors

We provide these expert consultancy services for Construction, Commercial and Public sectors:

We will be pleased to give you a written quotation for any of these. We can provide these services singularly or in combinations. If you have a slightly different requirement, we can tailor them to suit your needs. We will be happy to review any pre-qualification requirements.

If you have any questions about these services, or you are unsure what you need, please contact us and we’ll help in any way we can.

You can also refer to the Categories menu for groupings of services relevant to different customer types and sectors.

You can view a map of the locations where we have provided our services here.

Party Walls – explanatory guide

The Faculty of Party Wall Surveyors have produced this leaflet to give a quick overview of the Party Wall etc. Act 1996.
Download the guide here.

For more detail please read our pages Party Wall Service and Party Wall Questions and Answers.

Please contact us for bespoke advice and guidance on your project or your neighbour’s planned work. Dorian Burt can be your party wall surveyor.

Dorian Burt is a Chartered Building Surveyor and member of the Faculty of Party Wall Surveyors.

Royal Observatory Greenwich – Altazimuth Pavilion Project

Near completion June 2018

Once again one of our projects is in the news. We’re very proud to have been working for Royal Museums Greenwich at The Royal Observatory Greenwich. We’ve been surveying, specifying and overseeing conservation work to the Altazimuth Pavilion and the work is now completed. Continue reading

Time-lapse video of gilding the Great Hall

Turner Prize-winning artist Richard Wright gilded the ceiling and walls of the Great Hall at The Queen’s House Greenwich during a year of conservation and refurbishment we project managed. Months of work are condensed into less than 3 minutes in this time-lapse video!

Read more here: http://www.rmg.co.uk/see-do/we-recommend/attractions/great-hall-ceiling

Video of the completed Queen’s House Greenwich

Beautiful video of the result of our conservation project at The Queen’s House Greenwich. We provided project management and CDM services on arguably the most important building in British architectural history. Built 400 years ago, this is the first classical building in the country, it is a Scheduled Ancient Monument and sits on a UNESCO World Heritage Site. We are so proud to have worked on it.

Better still, go and visit – unbelievably it’s free.

Why you should build on the line of junction

If you’re planning a domestic extension and reviewing the Party Wall etc. Act 1996, you might be thinking the best thing you can do is keep your new structure spaced away from the boundary, but it’s not necessarily so. Yes, keeping a space – any space – away from the boundary (what we call the line of junction) will get you out of needing to serve a line of junction notice to your neighbour. But the bigger issue here is access.

Continue reading

Party Wall Service

The Party Wall Etc. Act 1996 provides rights for building owners to undertake certain types of work and rights to protection for the adjoining owners. This page gives an overview of the process under the Party Wall Etc. Act 1996, and the services we can offer. Also see our page Party Wall Questions & Answers.

Dorian Burt can be your party wall surveyor to resolve party wall matters where appointed by the building owner carrying out the work or by the adjoining owner next door or for both parties as the agreed surveyor.

Before undertaking certain types of work relating to, or near to, a party wall or party structure a building owner (the person doing the work) should serve the appropriate party wall notice to the adjoining owner (the neighbour to the works). They may appoint a surveyor to do this for them.

Determining what is and isn’t a party wall or party structure and what is and isn’t work that falls within the provisions of the Act can be complex.  Broadly, the kinds of work included are:

  • new building on or at the boundary of two properties
  • work to an existing party wall or party structure
  • excavation near to and below the foundation level of neighbouring buildings or structures

Similarly it can be complex to identify who the adjoining owners actually are; there could be more than one – they could be all of the freeholder, their tenants and another freeholder whose property overlaps by only a small amount.

The building owner should ask an experienced party wall surveyor for their advice on all these points.

If the building owner carries out the work without serving the notice required and before an agreement to the works (or an award, see below) is made, they may face an injunction to stop work or perhaps be sued for damages.

The adjoining owner may agree to the works or ‘dissent’ (disagree) or perhaps be silent. If simply agreeing to the works, in writing, they may proceed. If they choose to dissent or are silent for 14 days it is termed that a ‘dispute’ has arisen.

In reality a dissent or silence may not really be a strong dispute, only that the adjoining owner wishes to invoke the party wall procedure to protect their interests prior to the work being done. However as long as the development is lawful, the Party Wall Act cannot be used to prevent the work or object to the development completely – those are issues for planning authorities and the respective process.

Once a dispute has arisen, the procedure laid down in the Party Wall Act is followed:

  1. Each side appoints a surveyor to act for them, or can appoint one independent surveyor to act jointly, called the agreed surveyor. The building owner usually pays for both the surveyors, though there may be exceptional circumstances where the surveyors agree that the adjoining owner should pay for some aspects (e.g. if demanding additional professional services above and beyond those reasonably required under the Act). Once appointed, the surveyors have to serve the Act itself equitably, not the owners they work for. The Act is their ‘client’.
  2. The surveyors first duty is to nominate and agree on a third surveyor. This is the person who will adjudicate should the two surveyors fail to agree. This should always be done first while relations are good and the matter straightforward.
  3. Details of the proposed works are shared between the surveyors and reviewed by the adjoining owner’s surveyor to protect the interest of the adjoining owner. There may be some negotiation about sequence, methods, technical details etc. but as above, the Party Wall Act cannot be used to prevent the work or object to the development completely – those are issues for planning authorities and the respective process.
  4. A schedule of condition is taken; this is a descriptive and photographic record of the adjoining owner’s property at a point in time before the work starts. It can be used later to confirm or reject any claim that damage or defect has arisen in the adjoining owner’s property as a result of the works.
  5. An ‘award’ is made by the surveyors. This is simply a legal document which binds the owners to certain undertakings; i.e. the adjoining owner to consent to the works and the building owner to make good any damage to the adjoining owner’s building and ensure their contractor sticks to certain rules agreed.
  6. The award is signed by the surveyors and copies given to each owner and usually the contractor doing the work.
  7. From the time the award is signed, there is a statutory 14 day appeal period during which either owner can challenge the award in court; they have to have good grounds to be successful. The building owner should not start work during this time or if they do, it’s at their own risk of the award being overturned which could result in work having to be undone or damages being payable to the adjoining owner(s).
  8. The surveyors should monitor the works to ensure the award is complied with, to completion.

This Government web-page has a detailed booklet on party walls at the foot of the page for downloading: www.gov.uk/party-wall-etc-act-1996-guidance

Also see our page Party Wall Questions & Answers.

We can be consulted for initial advice, appointed as either the building owner’s surveyor, the adjoining owner’s surveyor, or appointed as a joint agreed surveyor.

Contact us for help.

Where we act for building owners we apply the Party Wall Act to enable them to carry out building work in accordance with their rights.

Where we act for adjoining owners we apply the Party Wall Act to protect their interests, allowing the work for which there are rights, but with controls and undertakings to make good damage in place.

Where we act as the agreed surveyor, we apply the Party Wall Act to both enable the building owner’s work and put in place controls and undertakings to protect the adjoining owner’s interests.

We also provide a schedule of condition as a separate service if required.

Dorian Burt is a Member of the Faculty of Party Wall Surveyors (FPWS). They have produced an advice leaflet available here.

Party Wall Questions & Answers

This page answers some frequently asked questions about party walls. This page is for building owners and adjoining owners (neighbours). The party wall process itself is explained on our page Party Wall Service.

Q: What work is covered by the Party Wall Etc. Act 1996?

  • A: The Act covers:
  • new building on or at the boundary of two properties
  • work to an existing party wall or party structure
  • excavation near to and below the foundation level of neighbouring buildings or structures

This may include:

  • building a new wall on or at the boundary of two properties
  • cutting into a party wall
  • making a party wall taller, shorter or deeper
  • removing chimney breasts from a party wall
  • knocking down and rebuilding a party wall
  • digging below the foundation level of a neighbour’s property

Q: What is a Party Wall?

  • A:  A party wall is simply a wall that divides two parties and is shared by them. Broadly this might be one of:
  • Type A – a wall standing astride the boundary; with only one side part of a building; with both sides part of buildings; or with no attached buildings (like a boundary or garden wall – called a party fence wall; although timber fences aren’t actually covered by the Act).
  • Type B – a wall standing wholly on the land of one owner, but used by two owners to separate their buildings. Any part which doesn’t divide two buildings is not ‘party’ and is not covered by the act.
  • See also party structure below.

Q:  What is a party fence wall?

  • A:  A party fence wall stands astride the boundary of two properties and does not form part of a building; e.g. a garden or boundary wall. Similar walls which stand wholly on one owners land are not party fence walls and are not covered by the Act. Fences are not covered by the Act.

Q:  What is a party structure?

  • A:  A party structure is any part of a building which divides it from other parts owned by someone else. Examples are the walls and floors between flats.

Q:  What if I want to excavate near a neighbours house/building?

  • A:  If you want to excavate within 3m horizontally of their foundation and below the level of the bottom of their foundation you need to adhere to the Act and serve a notice under Section 6(1). If you want to excavate within 6m horizontally of their foundation and below the line cutting a 45 degree angle downward from the bottom of their foundation you need to adhere to the Act and serve a notice under Section 6(2). You can do this yourself or we can do this for you.

Q:  What if I only want to excavate near a neighbours separate structure, not their house/building?

  • A:  The excavation clauses apply equally to excavations near neighbours houses/buildings and their other separate ‘structures’, requiring service of a notice under Section 6. You can do this yourself or we can do this for you. This can include masonry garden walls, garages, concrete bases, manholes, retaining walls, ponds and pools, raised flower beds, statues, memorials and gravestones etc. Definitions of ‘structures’ is not a hard and fast rule; it may be a matter of discretion and risk assessment – i.e. consider if it might be damaged by the works and if the adjoining owner is likely to object if no notice is served. Note this is any general ‘structure’, different from a ‘party structure’, see other questions above.

Q:  How do I know if I will excavate deeper than my neighbours foundations?

  • A:  If you are building an extension the foundations will usually be a minimum of 1m deep. If you are building next to a pre-1950s building or a small/simple structure it is likely to have shallower foundations. More modern houses may have foundations at similar depths to what you are planning. If it is unclear how deep the neighbours foundations are you can ask them if you can dig a trial hole against the wall to expose and measure their depth. Bear in mind that your local authority building control officer may ask you to build deeper foundations once they inspect the foundation excavations, which could push you into complying with the Act where you didn’t need to at the design and planning stage. Sometimes it is safest to assume you need to serve an excavation notice under Section 6 anyway to avoid a delay later. You can do this yourself or we can do this for you.

Q:  Who are ‘owners’ with rights under the Act?

  • A:  An owner under the Act is anyone with an interest in the property, on either side. This would be a freeholder or even a leaseholder or tenant provided their lease or tenancy is longer than 12 months. Some properties may have all three or more; in this case there may be multiple awards to make on a single building. It could also include a buyer of the property if they have exchanged contracts. The owner of the building where the work is happening is called the building owner; the neighbours are called the adjoining owners.

Q:  What is a party wall award?

  • A:  An award is simply a legal document which binds the owners to certain undertakings; i.e. the adjoining owner to consent to the works and the building owner to make good any damage to the adjoining owner’s building and ensure their contractor sticks to certain rules agreed. The award refers to the schedule of condition and drawings of the proposed works.

Q:  What is a schedule of condition?

  • A:  A schedule of condition is a descriptive and photographic record of the adjoining owner’s property at a point in time before the work starts. It can be used later to confirm or reject any claim that damage or defect has arisen in the adjoining owner’s property as a result of the works.

Q:  Who can be the surveyor?

  • A:  The surveyor can be anyone independent of the works and the parties. They can’t be a family member of any owner or anyone with something to gain in the work; this would be a conflict of interest. Though the surveyor could legally be anyone off the street, it is best to use a competent experienced party wall surveyor as the process can quickly become a long expensive mess if not done properly. There will be issues that require expert understanding of technical building details. As above, you should consider your options and compare several surveyors before selecting one. Most reliable surveyors will give you some time on the telephone without charge to initially discuss your options and their service. Cheap fixed-price party wall surveyors tend to provide the minimum of service; you get what you pay for.

Q:  Can we have one surveyor?

  • A:  The parties can have one surveyor each or agree to share a single surveyor, who is called the agreed surveyor. The agreed surveyor has a duty to act impartially for both parties; the Act and wall are his priority. An adjoining owner you may still feel that the surveyor would have a conflict of interest – particularly if they are involved in the work, such as the designer – there is no requirement to agree to appointment of an agreed surveyor. The adjoining owner can insist on their own separate surveyor. Note that if the adjoining owner was silent to the notice or refused to appoint a surveyor then an agreed surveyor cannot be used, a second separate surveyor can be appointed for them under the Act. If an agreed surveyor is chosen, there is no second surveyor to check or argue with them and nor is there a third surveyor ‘referee’ to appeal to; the agreed surveyor is ‘judge and jury’ deciding and signing the award so the only course of challenge is appeal to court after the award is served.

Q: Can an owner refuse to sign the party wall award?

  • A: The award is not signed by the owners; it is the surveyors (the two surveyors or the single agreed surveyor) who decide the award content, sign it and serve it. It is their award (like a judgement) which is legally binding on the two owners.

Q:  Who pays for the surveyors?

  • A:  It is most common for the building owner doing the work to pay for the fees of both surveyors or the agreed surveyor. The surveyors will usually specify this in the award (agreement) they make. If the adjoining owner were to demand various extra surveying, tests or monitoring which the surveyors thought was beyond reasonable needs they may apportion those fees to be paid by the adjoining owner.

Q:  How long does the party wall process usually take?

  • A:  The party wall award usually takes four to six weeks provided the building owner has all the drawings and details ready and the adjoining owner cooperates. Where there are two surveyors, the process is usually a little slower than with a single agreed surveyor. Sometimes it can take as long as three months if communication and paperwork is slow or there is some particular point of disagreement. In rare cases, where there are serious disagreements on technical and legal points, the party wall process can last six months or more. Note that there are statutory notice periods for the notices to run before works can take place. These are one month for line of junction (building a new wall on the boundary) and excavation notices and two months for party structure (works to an existing wall) notices. These times can be shortened if an earlier date is expressly agreed to by the adjoining owner, but a party wall award cannot shorten it otherwise. When an award is served, there is a statutory 14 day appeal period, so it is best not to start work until that has also elapsed. The earlier you serve your initial notice, the better.

Q:  I have received a letter from a firm of surveyors saying I must disagree to my neighbours notice under the Party Wall Act – is that true?

  • A:  No. Surveyors firms often write to neighbours adjoining a property where a planning application has been made in the hope that they will get some party wall surveyor work; if both options to agree or disagree to the work are explained then there is nothing wrong with that. But some less scrupulous firms write official sounding letters which are very strongly worded intimating you MUST urgently appoint them to handle the situation and never mentioning that you could agree to the work. In reality you don’t have to do anything until a notice is served by the building owner and then you have the option to agree to the work or ‘dissent’ and appoint any party wall surveyor you choose. It is of course recommended to ‘dissent’ and appoint a party wall surveyor protect your interests with an award, but you don’t have to. You could also use this as a prompt to talk to your neighbour and ask when they plan to start work and remind them about their obligation to serve notice in advance under the Party Wall Act. As with most unsolicited offers, you should consider your options and compare several surveyors before selecting one. Cheap fixed-price party wall surveyors tend to provide the minimum of service; you get what you pay for. Most reliable surveyors will give you some time on the telephone without charge to initially discuss your options and their service. If you are an adjoining owner it usually costs you nothing to have a surveyor to protect your interests, as the person doing the work normally pays all the fees.

Q:  I get on well with my neighbour, do I have to follow the Party Wall Act process?

  • A:  Adjoining owners have the option to simply agree to the work with the building owner when they issue notice of it – BUT bear in mind this is an unconditional agreement to the work. This gives them and their building little or no protection if things go wrong. There is no experienced technical surveyor appointed to look over the proposals and seek out and highlight issues that may affect the neighbouring properties. In the event of damage to the building an adjoining owner may have to take the building owner to court and produce evidence that the damage is due to their work which could be long and costly. Similarly a building owner has nothing to use to defend themselves against a claim for damage that was actually already there. It is always best for both parties protection to have a formal party wall process undertaken by competent surveyors leading to a party wall award with a schedule of condition.

Q:  I received a party wall notice from my neighbour who is doing work. I don’t really disagree with the work but I do want to protect my interests. Do I have to say I disagree / dispute / dissent to the work as that sounds too harsh and confrontational?

  • A:  The standard template notices and response forms use the words ‘agree’ or ‘do not agree’, while some people also use the term ‘dissent’. The Act wording and the terminology surveyors use all call any reservation a ‘dispute’ if you are not agreeing unconditionally. In reality you may be receptive to the work but just protecting your interests; most Building Owners should understand this and all competent surveyors will also understand that may well be your point of view. You should not feel any awkwardness in completing the form with ‘do not agree’/’dissent’ and that you want a surveyor appointed; these are your rights. If you like you could include a less formal covering letter when you return the notice response to the Building Owner. By the way, note that the Act can’t be used to prevent the work happening (that’s down to the planning process) – so being receptive or not is really not the issue.

Q:  What is the difference if I agree to the work or dissent and have surveyors / a party wall award?

  • A:  The difference between giving agreement to notice and having party wall award is:
    – An adjoining owner who received notice and dissented/disagreed to the work has surveyor(s) appointed to make a party wall award along with the building owner’s surveyor. The award is legally binding on the two owners and sets out what work is allowed, methods, how much access on neighbouring land is allowed, protection required, hours of work, cleanliness and various other rules for the work. It says that the building owner doing the work is responsible for repair or costs of any damage caused and usually includes a schedule of condition – a record of the adjoining owner’s property taken before the work. It also normally says that the building owner doing the work has to pay the surveyor(s). The appointed surveyors can be asked to resolve any further dispute about the notifiable work, such as damage or costs.
    – An adjoining owner who received notice and agreed to the work does not get surveyors appointed, does not get an award and does not get a schedule of condition. They still have some limited rights to call for surveyors to be appointed and resolve a dispute under the Act (see next question). It is a good idea to at least get a schedule of condition done on its own if agreeing to the work, so it can be used as evidence should the need arise, but this is still not as strong as having a party wall award.

Q:  I am an adjoining owner and have responded to the notice by agreeing to the work but now it has started to go wrong, what can I do?

  • A:  An adjoining owner who received notice and agreed to the work still has limited rights to call for surveyors to be appointed and resolve a dispute under the Act;
    – if the notified portion of work deviates from the notified plans without agreeing it first
    – in the event of a dispute as to responsibility for expenses
    – where making good is required, a neighbour has a right to ask for the work to be valued and receive payment instead of making good works
    – an adjoining owner may serve a notice requiring the building owner to provide security for expenses against failure to make good damage etc.
    Any dispute arising under these can be resolved by appointing surveyor(s) who will make an award. If notice was agreed to, there will not usually be a schedule of condition (a record of the adjoining owners property taken before work started); the surveyors will have to rely on their knowledge and experience to assess whether damage is new and was caused by the work. This avoids the need for solicitors/court regarding those matters. There would not be a party wall award done before the work covering more than this, so disputes about things other than listed above would have to be resolved at common law (with solicitors/court). If no notice was served by the building owner, none of this applies and there is only the common law route available.

Q:  I don’t want the work to go ahead at all, can I use the Party Wall Act to stop it?

  • A:  In the course of agreeing an award there may be some negotiation between surveyors about sequence, methods, technical details etc. but the Party Wall Act cannot be used to prevent the work or object to the development completely – those are issues for planning authorities and the respective process. If planning permission is required and has already been granted, you cannot stop the works except by a planning appeal within the allowable periods. Some owners may seek to derail or delay the process; the Party Wall Act includes provisions for going to a third surveyor to determine a dispute and also for either surveyor to take over if one is unreasonable, unresponsive or ineffective. The Act is an enabling Act – its purpose is to allow work to go ahead within a legal framework, not to prevent it.

Q:  What if work has started without serving a Notice or finally agreeing a Party Wall Award?

  • A:  If the building owner carries out the work without serving the notice required and before an agreement to the works or an award is made, they may face an injunction to stop work or perhaps be sued for damages. In most cases a reminder of this is enough to stop work until matters are properly organised. Building owners who realise they have started without adhering to the process should stop work immediately and contact a party wall surveyor for help.

Q:  What if the surveyors can’t agree or are ineffective?

  • A:  The Party Wall Act includes provisions for going to a third surveyor to determine a dispute between surveyors. This will unfortunately incur the third surveyor’s fee, but they will apportion it according to where they see the cost having arisen – it is common for that fee to be split. If one surveyor is unresponsive or ineffective, the Act allows for the other surveyor, after giving notice, to take over unilaterally. They then have to administer the award as if they are an agreed surveyor.

Q:  What if the contractor breaches the terms of the Award?

  • A:  If the contractor is allowed to breach the terms of the award, the building owner employing them will have themselves breached the award. They may face an injunction to stop work or perhaps be sued for damages. In most cases a reminder of this is enough to prompt the building owner to adhere to the terms of the award. The appointed surveyors do not supervise the work nor do they ‘police’ the whole project. The adjoining owner’s surveyor may make representations to the building owner via their surveyor on behalf of the adjoining owner if they are asked, but ultimately enforcement is done by the adjoining owner using the award and evidence of breach with solicitors or in court if necessary.

Q:  What if I suddenly have a reason to want to get out of the award after signature?

  • A:  Parties to the award have 14 days to appeal against it. However they have to go to court to do so and need good grounds for this to be successful and may not get their legal costs back either way. Although building owners can start work as soon as an award is signed, it is safest to wait until another 14 days have elapsed to make sure their work isn’t forced to be undone by an appeal by the adjoining owner.

More information:

This Government web-page has a detailed booklet on party walls and template letters for downloading: www.gov.uk/party-wall-etc-act-1996-guidance

We can be consulted for initial advice, appointed as either the building owner’s surveyor, the adjoining owner’s surveyor, or appointed as a joint agreed surveyor.

Contact us for help.

We also provide a schedule of condition as a separate service if required.

Dorian Burt is a Member of the Faculty of Party Wall Surveyors (FPWS). They have produced an advice leaflet available here.

We are not legal advisers and recommend you seek legal advice on any legal matters.

Party Wall advice leaflet from FPWS

The Faculty of Party Wall Surveyors (FPWS) have published a leaflet to give advice to anyone needing to know more about Party Wall issues:

Party Wall Leaflet thumbClick for Party Wall Explanatory Leaflet (PDF).

You can also read more on our pages Party Wall Service and Party Wall Questions & Answers.

We can be consulted for initial advice, appointed as either the Building Owner’s Surveyor, the Adjoining Owner’s Surveyor, or appointed as a joint Agreed Surveyor.

Contact us for help.

Dorian Burt is a Member of the Faculty of Party Wall Surveyors (FPWS).

Member of the Faculty of Party Wall Surveyors

Member of the Faculty of Party Wall Surveyors logoDorian Burt is pleased to announce he has passed the entrance test and interview to become a Member of the Faculty of Party Wall Surveyors (FPWS).

The FPWS is the professional body representing party wall surveyors, formed to educate and maintain standards for experts in the field and to provide guidance to the general public. You can find out more about them on the FPWS website.

Guidance on the party wall process is on our party wall services page here, while common questions and answers are addressed on our party wall Q&A page here.

FPWS have also produced an advice leaflet available here.

Private road resurfaced in Tonbridge

Road before resurfacingThe residents of a private road in Tonbridge endured years of struggling to reach their houses over what was once a road and worse being inundated by muddy water during heavy rain. The residents of the road, which included private houses along with access to two apartment blocks and sheltered housing, formed a residents association and appointed Dorian Burt to provide options and undertake an improvement project.

The site was very congested with many trees, buried cables, water and gas mains and limited space to supplement the existing drainage. The soils were clay and opportunities for additional drainage very limited. Dorian Burt arranged drain surveys, specified the work, obtained competitive tenders and oversaw the work through a formal contract.
Road after resurfacingThe finished road has upgraded gullies, enlarged and fitted with leaf traps and silt buckets allowing easy cleaning, new edging to keep mud off the road and water bars to drive ways. Residents report the drains now work well and it is a pleasure to drive on their road.