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over 100 practical articles on the Party Wall etc. Act 1996 — notices, awards, fees, disputes, choosing a surveyor and key case law. Search or filter to find what you need.
Written by a surveyor
- Karmjit Grewal
- Party Wall Surveyor
- Plain-English guidance
What if I ignore a party wall notice?
Ignoring a party wall notice does not stop the work — after 14 days a dispute is deemed to have arisen, and the building owner can appoint a surveyor on your behalf. You simply lose your say in who acts and how.
Guidance & insightCan I negotiate as an adjoining owner?
Yes — but your leverage is greatest before a dispute arises. Once you appoint a surveyor, the matter passes to the statutory process and your personal bargaining power largely disappears. Use your consent, or your agreement to a single surveyor, as leverage early.
Fees & costsCan I lose money as an adjoining owner?
Not usually. As the adjoining owner you generally do not pay for the party wall process — the main risk of being out of pocket comes from appointing a fee-hungry or incompetent surveyor.
Choosing a surveyorShould I appoint my own party wall surveyor?
In most straightforward cases there is no clear benefit to appointing your own surveyor. A competent agreed surveyor is impartial and must act fairly to both owners — and “it’s free” is not, by itself, a good reason to add a second one.
Guidance & insightShould I consent to a party wall notice?
Consenting to a party wall notice does not concede any of your future rights, and it does not stop you claiming for loss or damage. It simply means you are not asking for the formal surveyor process — so the key is to make sure your property’s condition is recorded first.
Notices & consentCan party wall notices be withdrawn?
Yes — a building owner can decide not to proceed and withdraw a party wall notice, but if surveyors have already been appointed there may be abortive fees to pay. Withdraw early where possible.
Notices & consentCan party wall notices be amended?
There is no formal way to amend a served party wall notice. Where the works change but not substantially, the surveyors address the change through the award; where they change substantially, a fresh notice is needed.
Notices & consentInvalid party wall notices
An invalid party wall notice is usually little to worry about: it is easily cured by serving a fresh one, and once a surveyor has been appointed the validity point is generally estopped. Act quickly if you genuinely want to raise it.
Notices & consentHow much notice must be given under the Party Wall Act?
The required period depends on the work: two months for a party structure notice (section 3), and one month for a line of junction notice (section 1) or a notice of adjacent excavation (section 6).
Notices & consentHow to serve a party wall notice
Section 15 of the Party Wall etc. Act 1996 sets out how a notice may be served — in person, by post, or by fixing it to the premises where the owner’s name is unknown. When in doubt, post a copy to the property address as well, as it often prompts a response.
Notices & consentConservatories and the Party Wall Act
A conservatory only engages the Party Wall Act if its foundations are deep and close enough to a neighbour (section 6), it is built on the boundary line (section 1), or it ties into the party wall (party structure notice, section 3) — and because conservatory foundations are usually shallow, it is less often notifiable than a masonry extension.
Notices & consentSingle-storey extensions and the Party Wall Act
A single-storey extension — rear, side or wrap-around — most often engages the Party Wall Act through its foundations (section 6), and sometimes through the party wall or the boundary line.
Notices & consentWrap-around extensions and the Party Wall Act
A wrap-around extension combines a rear and a side extension, so it typically engages the Party Wall Act on every front — foundations near the neighbours (section 6), building on the boundary line (section 1) and party wall works (party structure notice, section 3) — often affecting both neighbours.
Notices & consentSide extensions and the Party Wall Act
A side extension is built along the boundary, so it commonly engages the Party Wall Act on several fronts — foundations near the neighbour (section 6), building on the boundary line (section 1) and tying into the party wall (party structure notice, section 3).
Notices & consentRear extensions and the Party Wall Act
A rear extension usually engages the Party Wall Act through its foundations — excavation near the neighbour’s wall under section 6 — and often through the party wall itself, whether it is single or double storey.
Disputes & enforcementTypical loft conversion disputes
Most loft conversions go smoothly, but where party wall disputes arise they cluster around a few issues: steels in the shared wall, scaffolding access, working hours, and damage such as cracked plaster.
Notices & consentLoft conversion notices explained
A loft conversion usually needs a party structure notice under section 3 — because the new steels are cut into and bear on the party wall — served on each adjoining owner at least two months before that work. It does not need a section 1 or section 6 notice.
Awards & processLoft conversion timeline
For a typical loft conversion, allow roughly one to two months of party wall lead time before work can start — driven mainly by the two-month party structure notice period for cutting steels into the party wall.
Guidance & insightParty wall notices in conservation areas and listed buildings
A conservation area or listed building does not change your duties under the Party Wall Act — but it adds separate heritage consents (planning, listed building consent) you must also obtain.
Notices & consentWho do I serve a party wall notice on?
A party wall notice must be served on every “adjoining owner” affected — which can include freeholders, long-leaseholders, and more than one neighbour. Missing an owner leaves the notice ineffective against them.
Notices & consentGarage conversion and the Party Wall Act
A garage conversion only engages the Party Wall Act if it involves work to a shared wall, building on the boundary, or excavation near a neighbour’s foundations. Many simple conversions do not — but attached garages on the boundary often do.
Guidance & insightParty wall indemnity insurance when buying or selling a house
Party wall indemnity insurance is sometimes offered during a sale when past building work was done without a party wall award. It does not fix the underlying problem — and it offers only limited protection.
Notices & consentWhat is a party fence wall?
A party fence wall is a garden or boundary wall that straddles the boundary line but is not part of a building — for example a brick wall between two gardens. It is covered by the Party Wall etc. Act 1996.
Notices & consentSide-return extension and the Party Wall Act
A side-return extension runs along the boundary, so it commonly engages the Party Wall Act through its foundations (section 6), by building on the line of junction (section 1), and often the party wall itself (section 2).
Notices & consentTwo-storey extension and the Party Wall Act
A two-storey extension typically engages the Party Wall Act through both its foundations (section 6 excavation) and the party wall itself (section 2), as the upper storey is often tied into or built off the shared wall.
Notices & consentSingle-storey rear extension and the Party Wall Act
A single-storey rear extension usually engages the Party Wall Act through its foundations — excavation near the neighbour’s wall under section 6 — and sometimes through the party wall itself.
Guidance & insightParty Wall Act vs Building Regulations vs planning permission
Planning permission, building regulations and the Party Wall Act are three separate approvals. They control different things, and a single project can need all three.
Notices & consentDo I need a party wall agreement if I already have planning permission?
Yes — planning permission and the Party Wall Act are entirely separate. Having planning consent, or using permitted development, does not remove your duty to serve a party wall notice for notifiable work.
Notices & consentChimney breast removal and the Party Wall Act
Removing a chimney breast usually means cutting into the party wall, so it is notifiable under section 2 of the Party Wall etc. Act 1996 — you will generally need to serve a party structure notice first.
Fees & costsHow much does a party wall surveyor cost in London?
London party wall fees are broadly similar to the rest of England — roughly £700 to £1,000+ per adjoining owner for a straightforward award — but London’s terraced housing, basements and multiple neighbours often push matters to the higher end.
Guidance & insightThe Party Wall Act explained in plain English
The Party Wall etc. Act 1996 is the law that lets you carry out building work near a neighbour’s property while protecting both sides. Here is the whole thing in plain English.
Awards & processWhat happens if damage is caused during the work?
If notifiable work damages the adjoining property, the building owner must put it right or pay compensation. The schedule of condition and the party wall award are what make a fair claim straightforward.
Guidance & insightCan I object to my neighbour’s building work?
You can dissent from a party wall notice and have a surveyor protect your interests, but you cannot veto lawful, notifiable work. Objecting triggers the award process — it does not stop the project.
Notices & consentWhat building work requires a party wall notice?
Work to a shared (party) wall, building a new wall on the boundary, and excavating close to a neighbour’s foundations all require a party wall notice under the Party Wall etc. Act 1996 — whatever planning consent you hold.
Disputes & enforcementCan building work be stopped if there is no party wall notice?
Yes. If notifiable work has started without a valid notice, the adjoining owner can apply to court for an injunction to stop it — because without a notice the Act’s protections, and the building owner’s right to do the work, do not apply.
Guidance & insightCan my neighbour come onto my land?
Under section 8 of the Party Wall Act, a building owner and their workers have a right of access to a neighbour’s land to carry out notifiable work — but only with proper notice and only so far as necessary.
Awards & processWhat is a schedule of condition and why is it important?
A schedule of condition is a dated record — written and photographic — of the adjoining owner’s property before work starts. It is the single most useful protection against unfair or disputed damage claims.
Notices & consentWhat happens after I receive a party wall notice?
You have 14 days to respond by consenting or dissenting. Consent means no award is needed; dissent means surveyors are appointed to agree one. Doing nothing for 14 days is treated as a dispute.
Choosing a surveyorCan I appoint my own party wall surveyor?
Yes. Whether you are the building owner or the adjoining owner, you can appoint a surveyor of your choice — or both owners can agree on a single “agreed surveyor” to keep things simpler and cheaper.
Awards & processHow long does the party wall process take?
For a straightforward matter, allow around one to two months from serving notice to a signed award — longer for basements, multiple neighbours or disputes. The notice period is usually the longest single step.
Notices & consentDo I need a party wall notice for excavating foundations?
If you are excavating within three metres of your neighbour’s building and deeper than their foundations — or within six metres on the 45° line — you must serve a notice of adjacent excavation under section 6 before you start.
Notices & consentDo I need a party wall notice for a loft conversion?
Most loft conversions are notifiable, because the new floor and roof structure usually bear onto the party wall. You will generally need to serve a party structure notice before work starts.
Disputes & enforcementWhat happens if work starts without serving a party wall notice?
If notifiable work starts without a valid party wall notice, the building owner loses the Act’s protection and can face an injunction stopping the work, plus full liability for any damage at common law.
Notices & consentCan my neighbour refuse a party wall notice?
Your neighbour cannot stop lawful, notifiable work, but they can dissent from your notice — which simply triggers the surveyor process. Refusing, dissenting or ignoring a notice does not give them a veto.
Fees & costsHow much does a party wall surveyor cost?
For a straightforward residential matter, a party wall award typically costs from around £700 to £1,000 per adjoining owner, usually paid by the building owner. Complexity, the number of neighbours and the fee basis all affect the figure.
Guidance & insightMy neighbour is building an extension – what are my rights?
If your neighbour’s work is notifiable, they must serve you a party wall notice first. You have the right to a surveyor at their cost, a record of your property’s condition, protective award conditions, and compensation for any damage.
Notices & consentWhat is a party wall notice and when do I need one?
A party wall notice is the formal written notice you must give your neighbour before starting certain building work near a shared wall, boundary or their foundations under the Party Wall etc. Act 1996.
Notices & consentDo I need a party wall agreement for my extension?
Many extensions are notifiable under the Party Wall etc. Act 1996 — but not all. Whether you need an agreement depends on the type of work and how close it is to your neighbour, not on whether you have planning permission.
Fees & costsWhy fee transparency matters when choosing a party wall surveyor
A surveyor’s willingness to explain their fees up front is one of the clearest early signals of how fair and proportionate they will be. Here’s why vague or open-ended fees are a warning sign — and the questions to ask before appointing.
Notices & consentThe Party Wall Act explained in 1 minute
A one-minute overview of when the Party Wall Act applies and the three types of notifiable work.
Awards & processThe party wall process in brief
The party wall process from assessing the work to serving notice and dealing with each neighbour's response.
Guidance & insightThe first party wall knowledge base
A knowledge base is a self-serve online library of information. In this case, it is a library about the Party Wall etc. Act 1996 and its practical administration.
Notices & consentIs it a good idea to prepare and serve party wall notices yourself?
If you are carrying out building work near a shared wall, boundary or neighbouring foundations, you may need to serve party wall notices under the Party Wall etc. Act 1996.
Guidance & insightWhat to do when your neighbour ignores the Party Wall Act
If your neighbour starts, or is about to start, work without following the Party Wall etc. Act 1996, the first step is to work out whether the Act applies at all.
Notices & consentConsent for special foundations and underpinning
Question: Can a surveyor appointed by a building owner on behalf of an adjoining owner under section 10(4) consent to special foundations for that adjoining owner? Can the adj…
Fees & costsCalculating making use costs
Making use costs are often referred to as enclosure costs, but "making use" is usually the clearer phrase.
Guidance & insightAssessing damage in party wall matters: using the BRE crack classification
Damage arising from party wall works is uncommon, but when it is alleged, proportional assessment is essential.
Guidance & insightParty wall dispute resolution: a practical surveyor-led framework
The Party Wall etc. Act 1996 provides a structured method for resolving disputes. Used properly, it is efficient. Used badly, it can become expensive and slow.
Guidance & insightAssessing the scale of damage in party wall matters
Damage to an adjoining owner’s property during party wall works is uncommon, but it can happen. When it does, the scale of the damage matters.
Awards & processWhat makes a good first party wall award?
A good party wall award should be clear, fair and specific to the works being carried out.
Guidance & insightThe advising engineer in party wall matters
An advising engineer can play a valuable role in party wall matters, but only when their role is properly limited. Overuse or misuse can create unnecessary cost and confusion.
Awards & processShould I appeal a party wall award?
Appealing a party wall award is possible, but it is a serious step. It can be expensive, time-consuming and uncertain.
Fees & costsParty wall surveyor costs and fees: a simple guide
Understanding likely party wall surveyor costs helps building owners plan properly and avoid unnecessary disputes. The cost will depend on the work, the number of owners invol…
Guidance & insightAdding an additional floor: rights of access and objections
Question: Can a building owner raise a studwork wall against an existing party parapet wall for an additional floor and access the adjoining owner’s roof to install tiles, fla…
Guidance & insightAdvising engineers in party wall matters: roles, limits and best practice
An advising engineer can help surveyors understand structural risk, but their role is often misunderstood. Used well, they add value. Used badly, they add cost without improvi…
Guidance & insightBasement extensions and encroachment
Basement excavations raise understandable concerns for neighbouring owners. One of the most serious concerns is encroachment onto adjoining land.
Guidance & insightBuilding contracts and the Party Wall Act: protecting your interests
When notifiable works are carried out, building owners often assume that any damage caused to neighbouring property is simply a matter for the contractor.
Guidance & insightCommon misunderstandings about the Party Wall Act
The Party Wall etc. Act 1996 has been in force for many years, but it is still widely misunderstood. These misunderstandings often lead to delay, unnecessary costs and poor ne…
Guidance & insightCritique of the Pyramus & Thisbe guidance note 10
Guidance note 10 deals with engineering input in party wall matters. In our view, it would benefit from revision because modern party wall work needs clearer guidance on appoi…
Guidance & insightFree lunchtime CPD for property professionals
Coburns Party Wall offers free lunchtime CPD sessions for property professionals, including architects, engineers, housing associations, developers and local authorities.
Guidance & insightGetting your neighbour to appoint an agreed surveyor
Convincing your neighbour to appoint an agreed surveyor can reduce cost, delay and tension. The key is to approach the issue fairly and avoid making the neighbour feel pressur…
Guidance & insightInsurance and the Party Wall Act
Insurance is often misunderstood in party wall matters. Many owners assume that an insurance clause in an award automatically protects the adjoining owner. In reality, it is r…
Guidance & insightIslamic finance, the Party Wall Act and building owners
Islamic finance arrangements can make ownership checks more complicated in party wall matters. A Land Registry search may show the finance provider as the registered owner, ev…
Guidance & insightLimitations of the RICS Party Wall Act guidance
The RICS Party Wall legislation and procedure guidance is widely used by surveyors, but in our view it does not fully meet the practical needs of the public or the profession.
Guidance & insightMaterial shortages and the Party Wall Act
Material shortages can affect party wall works by delaying start dates, prolonging access and leaving adjoining owners inconvenienced for longer than expected.
Guidance & insightParty wall disputes with vulnerable adjoining owners
Vulnerability requires care, patience and practical flexibility. It does not, however, suspend the Party Wall etc. Act 1996.
Guidance & insightWhat are my options for a loft extension?
A loft extension can add valuable space, but the right option depends on the roof shape, planning position, budget and structural design. The Party Wall etc. Act 1996 may also…
Guidance & insightWhat is not the responsibility of the adjoining owner's surveyor?
The role of the adjoining owner’s surveyor is not fully defined in the Party Wall etc. Act 1996. That uncertainty can allow fee-driven surveyors to expand their role beyond wh…
Guidance & insightWorking hours and the Party Wall Act: what actually applies
Party wall awards often include working hour restrictions. However, those restrictions usually apply only to the notifiable works covered by the Party Wall etc. Act 1996, not…
Guidance & insightWritten or photographic schedule of condition: which is better?
A schedule of condition records the adjoining owner’s property before notifiable works begin. It is one of the most useful documents in the party wall process because it helps…
Notices & consentBuilding a wall up to, on or across the boundary
Building near a boundary is one of the most common reasons for serving a party wall notice. The correct process depends on whether the proposed wall is wholly on your land or…
Notices & consentCan an adjoining owner object to mass concrete underpinning?
Mass concrete underpinning is often proposed for basement and structural works. It is not automatically unacceptable, but it is not automatically acceptable either.
Notices & consentCasting new foundations and overpinning without notice
Question: Can a building owner cast a new concrete foundation next to an existing foundation and connect the two with dowels, sometimes called overpinning, without serving not…
Notices & consentHandling party wall notices when selling a property
Question: If an adjoining owner receives a party wall notice shortly before selling their property, must they tell the buyer? If they consent to the notice, is the buyer bound…
Notices & consentHow to get consent to build a wall up to, on or across the boundary
If you are planning to build a new wall at or near the boundary, the Party Wall etc. Act 1996 may apply. The process depends on whether the wall is to be built wholly on your…
Notices & consentIs notice required for repairs following damage from notifiable works?
Damage can sometimes occur during notifiable works. When it does, one of the first questions is whether fresh party wall notices are needed before the damage is repaired.
Notices & consentMinor works and party wall notices: what requires notification?
Not every minor job to a party wall requires notice under the Party Wall etc. Act 1996. The government guidance gives examples of minor works that usually do not require notic…
Notices & consentNotice requirements for underpinning a ground-floor flat
Question: A ground-floor flat leaseholder plans to underpin rear external walls that are not party walls. What notices should be served on the freeholder and the leaseholder o…
Notices & consentServing notice for a roof space conversion
Roof space conversions in attached buildings often involve cutting beams or other structural support into a party wall. Where that happens, the building owner will usually nee…
Notices & consentUnderstanding deemed service of party wall notices sent by first-class post
Service dates matter in party wall work. Response periods, deemed disputes and appointment steps all depend on when a notice is treated as served.
Notices & consentWhat to do if your neighbour does not respond to a party wall notice
If your neighbour does not respond to a party wall notice, it does not automatically mean you can start the notifiable works. The correct next step depends on which type of no…
Notices & consentWhen should party wall notices be served?
Serving party wall notices at the right time is one of the easiest ways to avoid delay. Serve too late and your start date may be pushed back. Serve badly and the notice may n…
Notices & consentWhy hire a party wall surveyor for notice preparation?
Preparing your own party wall notices may look like a simple way to save money. In practice, it often leads to invalid notices, delay, neighbour concern and higher costs later…
Awards & processEnforcing a party wall award: client guide
If one owner does not comply with a party wall award, the award can usually be enforced. Examples include failure to pay surveyors’ fees, failure to pay compensation, refusal…
Awards & processFunctus officio and party wall surveyors
Functus officio is a Latin phrase meaning "having performed one’s office". In simple terms, it means that once a decision-maker has made a final decision, their job on that pa…
Awards & processRetrospective awards for party wall excavations
Question: A building owner’s foundations have already been excavated and cast before the party wall award was made. No damage was observed, and the work was confirmed with bui…
Awards & processThe role of post-work inspections under the Party Wall etc. Act 1996
The Party Wall etc. Act 1996 does not require a routine post-work inspection in every case. The purpose of the Act is to regulate notifiable works and resolve disputes. A post…
Awards & processThe role of the third surveyor
The third surveyor is selected by the two appointed surveyors at the outset of the dispute resolution process. Their role is to determine matters that the appointed surveyors,…
Awards & processWhat is a party wall award?
A party wall award is a legal document made by surveyors under the Party Wall etc. Act 1996. It resolves a dispute between owners about notifiable works.
Awards & processWhat makes a good third surveyor?
A good third surveyor can rescue a difficult party wall matter. A poor one can make it more expensive, slower and less fair.
Awards & processWhy party wall surveyors must not give private opinions outside an award
Once surveyors are appointed under section 10 of the Party Wall etc. Act 1996, they are statutory dispute resolvers. They are not agents, advocates or private advisers for the…
Fees & costsAbandoned party wall works and surveyor fees
Party wall procedures sometimes begin and the building works are later postponed or abandoned. The question then becomes: who pays the surveyors’ fees?
Fees & costsBest practice for preparing a party wall surveyor's timesheet
A party wall surveyor’s timesheet should not be a vague list created after the event. It should be a clear, accurate record of work actually carried out.
Fees & costsCommon tricks bad-faith party wall surveyors use to inflate fees
Most party wall matters should be resolved efficiently and proportionately. The Party Wall etc. Act 1996 is designed to resolve disputes, not create a fee-generating exercise.
Fees & costsDetermining hourly rates for party wall surveyors
Question: What should a surveyor consider when setting an hourly rate for adjoining owner appointments? Should the building owner’s surveyor question the adjoining owner’s sur…
Fees & costsHow much does it cost to enforce a party wall award?
Enforcing a party wall award in England and Wales is often more straightforward than bringing a full civil claim, but it still costs money. The likely cost depends on whether…
Fees & costsHow to identify and avoid fee-driven party wall surveyors
A good party wall surveyor should resolve disputes, not create them. Unfortunately, some surveyors appear to be driven more by fees than by proportionate dispute resolution.
Fees & costsResisting an adjoining owner's high fee claim
High party wall fee claims should not be accepted simply because they come from an adjoining owner’s surveyor. The building owner usually pays reasonable fees, not every fee d…
Fees & costsTypes of work that may justify security for expenses
Section 12 of the Party Wall etc. Act 1996 allows an adjoining owner to request security for expenses where the building owner is exercising rights under the Act.
Fees & costsWays to minimise party wall procedure costs
Party wall procedures do not need to be expensive. Costs usually rise because of avoidable mistakes, poor communication, late service or unnecessary escalation.
Fees & costsWhen can an adjoining owner request security for expenses?
Security for expenses is one of the most important protections available to an adjoining owner under the Party Wall etc. Act 1996. It is also one of the most misunderstood.
Fees & costsWho pays party wall surveyor fees?
One of the most common questions in party wall matters is: who pays the surveyors’ fees?
Fees & costsWhy appointing a fee-driven party wall surveyor is risky for an adjoining owner
Adjoining owners are often told that they can appoint any surveyor they like and the building owner will pay. That is only half the story.
Fees & costsWhy arbitrary hourly rates of adjoining owner surveyors can and should be challenged
Some adjoining owner surveyors present high hourly rates as if they are untouchable. They are not.
Fees & costsWhy commission-based fees for party wall surveyors are bad for you
Party wall surveyors should be independent, impartial and focused on resolving the dispute created by the notifiable works. Fee arrangements that reward escalation or referral…
Fees & costsWhy fee-driven party wall surveyors don't act in your interests
Not all party wall surveyors approach matters in the same way. Some focus on resolution. Others appear to focus on billable hours, unnecessary correspondence and escalation.
Fees & costsWhy you should avoid appointing a party wall surveyor on an open-ended hourly rate
An open-ended hourly rate is one of the easiest ways for a party wall matter to become unnecessarily expensive.
Choosing a surveyorChecklist: choosing a good party wall surveyor
Before appointing a party wall surveyor, use this checklist. If several points cannot be answered confidently, proceed with caution.
Choosing a surveyorDo professional memberships really indicate a good party wall surveyor?
Many homeowners assume professional memberships are a shortcut to finding a good party wall surveyor. That assumption is unsafe.
Choosing a surveyorHow to spot a good versus bad party wall surveyor
The difference between a good and bad party wall surveyor can be measured in cost, delay and neighbour relations.
Choosing a surveyorSo what actually matters when choosing a party wall surveyor?
If professional memberships are not enough, what should homeowners actually look for when choosing a party wall surveyor?
Choosing a surveyorWhat does it take to be an expert?
Expertise is not created by a job title, a membership badge or attendance at occasional meetings. It comes from knowledge, experience, judgement and the ability to solve real…
Choosing a surveyorWhat makes a good party wall surveyor?
Choosing the right party wall surveyor matters more than many owners realise. The difference between a competent surveyor and a poor one can be seen in time, cost and neighbou…
Choosing a surveyorWhy Coburns Party Wall is the best party wall surveying firm
Party wall matters can be stressful, technical and expensive if they are handled badly. Coburns Party Wall stands out because we focus on the things that matter most: clarity,…
Disputes & enforcementCourts, commentary and the Party Wall etc. Act 1996
The Party Wall etc. Act 1996 is a short Act, but its practical application has been shaped by a significant body of court decisions and related legal principles.
Disputes & enforcementHow to get your neighbour to agree to one surveyor
Appointing one agreed surveyor is often the fastest, cheapest and least confrontational way to deal with party wall matters. It works best when the adjoining owner feels prope…
Disputes & enforcementWhy one surveyor can be better than two
There are many advantages to appointing one competent and genuinely independent agreed surveyor under the Party Wall etc. Act 1996 instead of each owner appointing a separate…
Case lawAmir-Siddique v Kowaliw (2018) - when unreasonable behaviour can affect fee outcomes
Amir-Siddique v Kowaliw is often discussed because it challenges the lazy phrase, "the building owner always pays".
Case lawArena Property Services Ltd v Europa 2000 Ltd (2003) - easements and service pipes
Arena Property Services Ltd v Europa 2000 Ltd is a useful reminder that not every neighbour dispute is properly solved by the Party Wall Act.
Case lawBlake v Reeves (2009) - why party wall surveyors cannot award litigation costs
Blake v Reeves draws an important line between the party wall process and the court process.
Case lawBreuer v Leccacorvi (2014) - making good, diminution in value and repair cost
Breuer v Leccacorvi is controversial because it deals with a practical question that often arises after damage: should compensation be based on repair cost or diminution in va…
Case lawDavies and Sleep v Wise (2006) - access rights and section 1 ambiguity
Davies and Sleep v Wise is a useful warning about access rights under the Party Wall etc. Act 1996, especially where line of junction works are involved.
Case lawDust v Marioni, Greenaway and MacNulty (2004) - fees, proportionality and banquets
Dust v Marioni, Greenaway and MacNulty is one of the best-known party wall fee cases. It is regularly cited because it makes a simple point: fees must be proportionate.
Case lawFarr Development Ltd v Bristol Magistrates Court (2016) - enforcement, fees and appeals
Farr Development Ltd v Bristol Magistrates Court is a useful reminder that party wall awards can have real enforcement consequences.
Case lawFrances Holland School v Wassef (2001) - estoppel and wrong parties
This case is a useful reminder that technical ownership points should be checked early, not raised after everyone has acted on a shared assumption.
Case lawGodwin v Swindon Borough Council (2002) - deemed service can be brutal
Godwin v Swindon Borough Council is not a party wall case, but it is a useful warning about service rules and deadlines.
Case lawGrand v Gill (2011) - is plaster part of the 'structure'?
Grand v Gill is not a straightforward Party Wall Act case, but it is useful because it considers what can form part of a building’s structure.
Case lawKaye v Lawrence (2010) - security for expenses can apply even when you are building on your own land
Kaye v Lawrence is a key case on security for expenses under section 12 of the Party Wall etc. Act 1996.
Case lawManu v Euroview Estates Ltd (2007) - valid notices, late points and refusal to act effectively
Manu v Euroview Estates Ltd is one of the more practical party wall cases because it deals with things that happen in real disputes: imperfect notices, tactical objections, fe…
Case lawNutt v Podger and Veda Road Ltd (2021) - no notice, nuisance and the cost of cracking on
Nutt v Podger and Veda Road Ltd is a strong warning against the "just crack on" approach to notifiable works.
Case lawPatel v Peters (2014) - ex parte awards and the ten-day shortcut
Patel v Peters is important for surveyors who use, or face, ex parte awards.
Case lawPatsalides v Foye (2002) - no notice, no award
Patsalides v Foye is one of the clearest reminders that a party wall award cannot cure the absence of a valid notice.
Case lawPower and Kyson v Shah - no notice, no Act
Power and Kyson v Shah is now one of the most important modern party wall cases.
Case lawRashid v Sharif (2014) - demolishing a boundary wall without notice can still be trespass
Rashid v Sharif is a useful case because it shows two things at once: failing to follow the Act can be trespass, but the court may still look carefully at proportionality when…
Case lawRees v Skerrett (2001) - support, nuisance and demolition risk
Rees v Skerrett is an important case for understanding the risks that arise when demolition exposes or affects an adjoining property.
Case lawRoadrunner Properties Ltd v Dean (2004) - evidence problems can rebound on the non-compliant party
Roadrunner Properties Ltd v Dean is an important warning for building owners who ignore the Party Wall Act.
Case lawSaunders v Williams (2002) - foreseeability and mitigation of loss
Saunders v Williams is a useful case on damage, consequential loss and mitigation.
Case lawSeef v Ho (2011) - why informal agreements with neighbours can backfire
Seef v Ho is a strong reminder that friendly conversations do not replace the Party Wall etc. Act 1996.
Case lawThe 'Ormerod' Moot (2010) - who actually pays an adjoining owner's surveyor?
The Ormerod moot is not a binding judgment, but it is often discussed because it addresses a practical question that causes confusion: who does the adjoining owner’s surveyor…
Case lawZissis v Lukomski (2006) - appeals and fresh evidence
Zissis v Lukomski is an important case for anyone thinking about appealing a party wall award.
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