When Should You Start Thinking About Party Wall Obligations?
Far too often, we see party wall matters being left to the last minute. Treating them as an administrative task forgotten amid the flurry of other exciting aspects of a build project. But if you leave party wall issues to the last minute, it could put the whole project on hold. After all, your neighbour has the right to dissent and appoint a surveyor of their own. They might have questions that need answering. They might even be on holiday! And while you deal with all of that, your project comes to a grinding halt. So, it’s best to serve your Party Wall Notices as soon as your design details are ready.
What Key Timescales Does the Party Wall Act Set Out?
Like many things in life, it depends.
If you’re planning to do excavation works or are building a new wall at the boundary. You have to give your neighbour a minimum of one month’s notice before the works start. For Party Structure Works, like cutting into a Party Wall to insert steel beams or removing a chimney breast, you need to give your neighbour a minimum of two months’ notice.
If you want to learn more about the different types of Party Wall Notices. Make sure to check out our explainer videos on YouTube.
Can I Start Work Before the Notice Period Ends?
Yes, you can start work before the notice period ends. But only if your neighbour has consented, and has given you written authorisation to start. This is one of the reasons we recommend serving your Party Wall Notices at least one to two months before you plan to start work. The earlier, the better!
Can I Serve a Party Wall Notice Before Your Drawings Are Complete?
Technically, yes. But there’s a catch. The Party Wall Act only required drawings for adjacent excavation notices. These will need to detail the site, the depth of excavation and any proposed structures. If that doesn’t apply to your works, then you don’t need to submit drawings before you serve your notices.
But, in our experience, providing detailed drawings upfront increases the likelihood that your neighbour will consent to your works. So, it can be worth doing. It also helps your surveyor to identify all of the notifiable works in your project, which cuts down the risk of delays.
How Long Does My Neighbour Have to Respond?
Your neighbour has 14 days to reply to the initial notice. If they don’t respond, then you have to serve them a reminder notice that gives them an additional 10 days. If there’s still no response, then you’ll need to appoint a surveyor on their behalf to move things forward. This can further delay your project, which is the last thing you want!
How Long will It Take If My Neighbour Dissents?
If your neighbour dissents to your party wall notice and a dispute arises, the next steps can feel complicated. Assuming your neighbour has appointed their own surveyor, the two surveyors will need to meet and arrange to do a schedule of condition on your neighbour’s property. It’s quite unlikely that the surveyors will be able to meet right away – after all, they likely have several other things they will be dealing with. They’ll also need to find a day and time that work for your neighbours. This part of the Party Wall process will probably take around one to two weeks.
Once the schedule of condition has been prepared, the report will be written up and approved by your neighbour’s surveyor. Your surveyor will also prepare a draft award for comments and approval by your neighbours’ surveyor. Quite often, we’ll need to make amendments before the award is signed and served upon both parties. You should allow around two to four weeks for the completion of the Award. But if the dispute is particularly complex, then this can take longer.
If you’re planning any notifiable building works for within the next year, you need to start now. At Harrison Clarke, we regularly work with homeowners on party wall notices and all of the related issues that can come with them. We can help you strategize your party wall notices so that they’re not an afterthought, and can even improve the chances of neighbour consent and reduce costs. If that sounds like something you’d need help with, just give us a call on 023 8155 0051 to speak with one of our experts.
For more expert advice on surveying and property matters, check out our range of informative videos on our website or YouTube channel. Harrison Clarke Chartered Surveyors is here to guide you every step of the way!
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