8 High Street,
Marwood Surveyors are happy to offer impartial advice with respect to any proposed building works that you or your neighbour may be considering. We always keep our clients up to date and informed so they know and understand the process completely.
We provide fully qualified party wall surveyors who are members of the Faculty of Party Wall Surveyors, to help in party wall disputes. Most importantly we are dedicated to resolving problems between neighbours rather than profiting from a dispute, that is why we offer a fixed fee service.
In addition to party wall notices, party wall awards, party wall agreements and schedule of conditions we offer a Pre-Notice site visit.
From our experience around 50% of building owners who choose a Pre-Notice site visit found they did not need to serve a party wall notice by changing either a foundation design or moving a little away from the line of junction. Other building owners decided to serve a notice just to allow them rights of access to the adjoining owners’ land for scaffolding etc.
The Pre-Notice site visit is a valuable tool for those who truly want to know and understand all their options.
Party Wall Act 1996
The Party Wall etc. Act 1996 requires Building Owners to serve Notices on their neighbours when:
• Building on or up to a boundary line
• Carrying out works to a wall or structure built on the boundary line
• Excavating in close proximity to the neighbour’s property.
The Party Wall Act sets down the rights & duties of owners undertaking such works and provides protection to the Adjoining Owners.
The Party Wall Surveyor’s duty is to examine the proposed works, ensure that they are properly designed and are executed in a manner which is not likely to cause damage to adjoining buildings or property.
In the unlikely event damage does occur, the party wall surveyors can award damages so the adjoining owners property is protected.
The Party wall Act also grants rights of access to both party wall surveyors and to building owners, allowing surveyors to make all required inspections and allowing building owners and their builders rights of access, erecting of scaffolding etc on the adjoining owners’ land.
Section 1 Notice / Line of Junction Notice
If you are planning to build a new wall either as a Party Wall or a Party fence wall (astride a boundary) subject to your neighbour’s consent, or up to the line of junction and wholly on your own land, a Section 1 Notice must be served.
If a proposed wall needs foundations to a lower depth than your neighbours foundations, a Section 6 notice could also be required.
One month notice must be given before the works commence.
New Party Wall
New Party Fence Wall
Section 3 Notice / Party Structure Notice
If you are planning to cut into a Party Wall to insert flashings or a damp proof course, cut away chimney breasts or projections, raise, rebuild repair, underpin, expose the Party Wall to the weather or enclose upon a wall on or at the line of junction turning it into a Party Wall, in such cases a Section 3 Notice must be served.
Two months notice must be given for a section 3 Notice.
Inserting a beam into a Party Wall
Enclosing upon a wall at the Line of Junction
Section 6 Notice / Notice of Adjacent Excavation
If you are planning to excavate within 3m of neighbour’s foundations to a lower depth, or within 6m to a lower depth than a line struck at 45 degrees down from the underside of the neighbour’s foundations, then a section 6 notice must be served.
One month notice must be given before work commences and in addition, plans and sections of the proposed works must be provided with the notice.
3 metre notice
6 metre notice
Consent or Dissent
If your neighbour intends to have building works carried out that involve alterations to your Party wall or excavations within 3 metres of your property, the Act requires that you are given due notice of the proposals and that agreement as to the execution of the works is in place prior to their commencement.
If you have received a Notice about proposed works your neighbours plan to carry out to their property, you are required to respond in writing within 14 days from the date on the Notice. If you would like help or advice in responding to any notice served, please contact us.
Consent to the Notice
If you are going to consent to your neighbours’ proposed works, without a Party Wall Award being produced, we recommend you do so on the basis of having a Party Wall Agreement put in place.
It is a document agreed between the person wishing to complete the work and their neighbours.
The purpose of the agreement is to provide both parties with a written detailed framework of the proposed works. It also includes a Schedule of Condition.
We do advise our clients who consent to a Notice to request that a Schedule of Condition be undertaken by a Surveyor, who will produce a record of the current condition of the adjacent areas prior to works commencing so that in the unlikely event of damage being caused it can be easily identified. The Agreement fee should be paid by the party proposing the building works.
Not responding will not delay the proposed works.
Dissent to the Notice
If you are concerned that the proposed works may adversely affect your property and thus dissent to the Notice, a Party Wall Award would be required before the work could start.
It is a fair and impartial report, prepared by the Surveyor which will deal with the right to execute the party wall works, the time and manner of executing the work, and any other matters that arise between the parties concerned.
Dissenting to the Notice is not a tool to delay or stop the proposed works.
You may concur on an Agreed Surveyor or each appoint an Independent Surveyor:
Appointed by both parties, by the Building and Adjoining Owner, and is required to act impartially to administer the rights and duties of both owners. The process can be quicker and more cost effective.
You may appoint an independent Surveyor of your choice. Your Surveyor’s reasonable fees in all normal circumstances will be met by the Building Owner.