116 PRACTICAL GUIDES

Party Wall Problem?
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Clear, practical answers that distinguish what the Party Wall etc. Act 1996 actually requires from Government guidance and ordinary industry practice.

What problem are you dealing with?

Notices & consent

17 practical answers

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Damage & compensation

11 practical answers

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Surveyors & awards

33 practical answers

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Access & disruption

8 practical answers

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Foundations & security

17 practical answers

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Walls, boundaries & construction

22 practical answers

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Changes during the works

5 practical answers

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All Party Wall Problems

#1Essential My neighbour has started work without serving a Party Wall Notice

#2Essential My neighbour's building work has damaged my property

#3My Party Wall Surveyor isn't doing anything

#4Can I stop my neighbour's work if no Party Wall Notice was served?

#5Essential Can I change my Party Wall Surveyor?

#6The other surveyor is delaying the Party Wall Award

#7Essential My Party Wall Surveyor's fees are excessive

#8Essential My neighbour wants security for expenses

#9When can an ex parte Party Wall Award be made?

#10Essential Is my Party Wall Notice valid?

#11The drawings have changed since the Party Wall Notice

#12Essential Can I refuse access to my property?

#13Do I have to allow a Schedule of Condition?

#14Can scaffolding be put on my land?

#15Essential Can I refuse special foundation consent?

#16The works don't match the Party Wall Award

#17Essential I disagree with the Party Wall Award

#18Essential Does a Party Wall Surveyor have jurisdiction to decide this?

#19Essential What can a Party Wall Award actually contain?

#20Essential What does 'neglecting to act' actually mean?

#21Essential When should the Third Surveyor become involved?

#22The Party Wall Surveyor keeps asking for more information

#23Essential Do I have to pay the adjoining owner's surveyor?

#24Essential Can an adjoining owner choose money instead of repairs?

#25The Party Wall Award deals with something nobody disputed

#26The Schedule of Condition missed the damage

#27Essential There was no Schedule of Condition and now there is damage

#28Essential Who has to prove Party Wall damage?

#29Essential Can betterment be deducted from a Party Wall damage claim?

#30Do I need three quotations for Party Wall damage?

#31My neighbour has changed from trench foundations to piles

#32My neighbour's foundations have crossed the boundary

#33Can Party Wall Surveyors determine a boundary dispute?

#34Can a Party Wall Award include legal costs?

#35Essential Can a retrospective Party Wall Award be made?

#36The Party Wall Notice has expired

#37Does removing a chimney breast require a Party Wall Notice?

#38Can my neighbour remove a chimney stack?

#39Does a loft conversion require a Party Wall Notice?

#40Steel beams are being inserted into the Party Wall

#41Can my neighbour raise the Party Wall?

#42My neighbour wants to build on the boundary

#43Essential Can foundations project under my land?

#44Should I consent to a new Party Wall being built astride the boundary?

#45Essential What is a section 11(11) enclosure payment?

#46My neighbour wants to build against my extension wall

#47Who owns the Party Wall?

#48My neighbour's new extension is causing water penetration

#49Can my neighbour insert flashing into my wall?

#50My neighbour has exposed the Party Wall

#51The building work has stopped halfway through

#52My neighbour has sold the property during the Party Wall works

#53My neighbour has gone bust during the works

#54Can my neighbour reduce the height of the Party Wall?

#55What is a Party Wall counter-notice?

#56Essential Does a rear extension require a Party Wall Notice?

#57Does a side-return extension require a Party Wall Notice?

#58Do piled foundations require a Party Wall Notice?

#59Essential How do the 3-metre Party Wall rules work?

#60Essential How does the 6-metre Party Wall rule work?

#61My Party Wall Surveyor appears biased

#62My Party Wall Surveyor has a conflict of interest

#63My Party Wall Surveyor won't follow my instructions

#64Can I complain about a Party Wall Surveyor?

#65Can an owner refer a dispute directly to the Third Surveyor?

#66Who pays the Third Surveyor?

#67Can unreasonable behaviour affect Party Wall costs?

#68Do I have to pay for endless Party Wall correspondence?

#69Essential What happens if I ignore a Party Wall Award?

#70Essential How is a Party Wall Award enforced?

#71Can a supplemental Party Wall Award be made?

#72Can a Party Wall Award be changed after it has been served?

#73I've missed the 14-day Party Wall appeal deadline

#74My neighbour has not responded to the Party Wall Notice

#75What is a deemed Party Wall dispute?

#76Does dissent to a Party Wall Notice stop the building work?

#77Can I appoint a Party Wall Surveyor for my neighbour?

#78Essential Should we use an Agreed Party Wall Surveyor?

#79Can a Party Wall Notice be served by email?

#80The property has several owners — who needs the Party Wall Notice?

#81The wrong owner was named on the Party Wall Notice

#82Can the police help a Party Wall Surveyor gain access?

#83Can a Party Wall Award control working hours?

#84Can I claim for inconvenience caused by Party Wall works?

#85What compensation can an adjoining owner claim?

#86How is a section 11(11) enclosure payment calculated?

#87Essential Who pays for Party Wall work?

#88Who pays to repair a defective Party Wall?

#89The adjoining owner has requested extra work

#90The builder is causing excessive noise

#91The building owner has died during the Party Wall process

#92Can a Party Wall Surveyor decide rights of light?

#93Does planning permission mean Party Wall work can go ahead?

#94Can a Party Wall Surveyor stop building work?

#95Can I get an injunction for Party Wall works?

#96My neighbour wants me to consent to the Party Wall Notice

#97Should I dissent from a Party Wall Notice?

#98Can I change my mind after consenting to Party Wall works?

#99Do minor works to a Party Wall require notice?

#100Can I require my neighbour to underpin or safeguard my foundations?

#101Can I require monitoring during Party Wall works?

#102Can a Party Wall Surveyor require method statements and structural calculations?

#103Does the adjoining occupier have Party Wall rights?

#104Can an adjoining owner require special foundations to be removed later?

#105Can I ask for drawings after the excavation work is finished?

#106What if Party Wall work is started but not prosecuted with due diligence?

#107Do I have to give access if the work itself isn't covered by the Party Wall Act?

#108Do I need a Party Wall Award if my neighbour consents?

#109Essential Who can act as a Party Wall Surveyor?

#110Can the Building Owner act as their own Party Wall Surveyor?

#111Can my architect be my Party Wall Surveyor?

#112Can Party Wall Surveyors determine restrictive covenants or easements?

#113Can Party Wall Surveyors determine planning or Building Regulations issues?

#114Can an adjoining owner require security after works have started?

#115Can the Building Owner ask the adjoining owner for security?

#116Essential Does RICS, FPWS or P&T membership make a Party Wall Surveyor better?

How this resource works

Party Wall Problems tells you what to do. PWKB explains why. The Case Law Library shows the legal authority. Coburns provides professional help when you need it.

Is it correct, necessary and supported in this particular case?

Important legal disclaimer

This page is provided by Coburns Party Wall for general information and educational purposes only. It is not legal advice and is not a substitute for advice on the facts of a particular matter. Party wall matters are fact-sensitive and the application of the Party Wall etc. Act 1996 may depend on the works, notices, ownership, appointments, drawings, agreements, awards and surrounding circumstances. Case summaries and practical guidance simplify potentially complex legal issues and should not be relied upon instead of the legislation, relevant judgments or appropriate professional or legal advice. If court proceedings, an injunction, an appeal or another legal remedy may be required, obtain appropriate legal advice promptly. Coburns Party Wall accepts no responsibility for loss arising from reliance on this resource without appropriate consideration of the particular circumstances.

Party Wall Problem?Start Here.

What problem are you dealing with?

Notices & consent

Damage & compensation

Surveyors & awards

Access & disruption

Foundations & security

Walls, boundaries & construction

Changes during the works

Popular problems

All Party Wall Problems

How this resource works

Party Wall Problem?
Start Here.