Party Wall Matters

A party wall is a diving partition between two properties, in which the owners have a shared responsibility. You may need the advice of a party wall surveyor if you are planning on undertaking any of the following works:

· Alterations to a party structure

· The construction of new walls at the boundary

· The excavation close to a neighbouring property

The Party Wall Act 1996 provides a legal framework and procedures, put in place in order to safeguard the interests of building owners and adjoining owners when undertaking certain types of work. 

Where work falls within the scope of the Act, it is necessary for a building owner to serve notice and obtain the affected adjoining owner’s consent. On the occasions that consent is not forthcoming, the parties are then deemed to be ‘in dispute’ under the Act and surveyors must then be appointed so that the dispute can then be resolved by way of a Party Wall Agreement, otherwise referred to as an ‘award’.

As independent and impartial RICS surveyors, Helix has extensive experience in offering Party Wall services to both Building and Adjoining Owners, within the residential and commercial sectors.

Helix have broken down the following notices that can be served and these are as follows:

Party Structure Notice (PSN) – Under Section 2(2)

This notice is served when alterations are being made to a party or party fence wall (separating wall shared with the Adjoining Owner (s)) or to a party structure (which can be a separating floor between two flats). Examples of these works can include cutting into a party wall / party fence wall and / or party structure to insert beams, padstones, flashings etc., or to remove / cut away chimney breasts, corbelled foundations, or other projections, or to raise the height of (upwards or downwards in the case of basement extensions) a party wall

With this notice you have to allow for a 2-month time period before any notifiable work can commence.

Adjacent Excavation (AEN) – Under Section 6(1) or 6(2)

This notice is served when you are planning on excavating new foundations for an extension or reducing ground levels for basement conversions, etc. Notice under section 6(1) is served where excavations are within 3m of an AO’s property and that the proposed excavations will be deeper than the bottom of the AO’s existing foundations. Notice under section 6(2) is served where excavations are within 6m of an AO’s property and that the proposed excavations will extend beyond a plane drawn downwards in the direction of the excavation at an angle of 45 degrees, from the bottom of the AO’s existing foundations (Are you able to insert the attached here, but just the diagram page? When I scan things in I can’t edit them for some reason on my pc).

With this notice you have to allow a 1-month time period before any notifiable work can commence.

This notice is served when intending to build on land that adjoins with the neighbouring property or to build alongside the junction of the boundary line. For example, to build a new independent or party fence wall either up to or astride the boundary, which may involve projecting footings on to an AO’s land.

With this notice you must allow a 1-month time period before any work can commence.