THE PARTY WALL PROCESS - IN BREIF

Step 1. ASSESS THE WORK

• Review the drawings and conduct additional desk research as required - Google Maps/Earth/Street View/Photos. 
• For complicated work, an on site assessment may be required.
• Assess which work is notifiable to which neighbour.

Step 2. IDENTIFY ADJOINING OWNERS

• Use Land Registry searches to identify the ownership of neighbouring properties.
• Some properties have a freeholder and multiple leaseholders.
• Ensure notices are served only on the intended neighbouring owners.

​Step 3. SERVE NOTICE

• Prepare and serve notice(s) to adjoining owners.
• Include a suitable set of drawings.
• Follow the methods listed in the Act to avoid errors. 
• Always post and keep a certificate of postage.

Step 4. NEIGHBOUR RESPONSE

The next steps depend on each neighbour's response to the Notice. They can either CONSENT, DISSENT or NOT RESPOND.

If a neighbour consents:

• ​Offer a condition record.
• Where permitted/requested, record the condition of their property before starting work.
• Subject to notice periods having expired or having been waived, work can proceed.

If a neighbour dissents:

• ​An award will be made by the surveyor(s) to set out rights and responsibilities.​
• This will include a site visit to assess site circumstances and take an external condition record.
• An internal condition record will also be taken where access is readily granted.

Step 5. APPOINTING SURVEYORS

• Neighbours can agree on one surveyor (e.g., us) or appoint a second surveyor.
• Surveyor(s) visit the adjoining property to assess impact and record condition.
• An award will be made  by the surveyor(s), allowing work to proceed subject to the conditions set therein
• Once notice periods have expired or have been waived, work can proceed.

If no response from neighbours:

• Chase the neighbour after 14 days with a ‘10 day’ letter.
• Work out deemed service date - Take weekends and Bank Holidays into account.
• After the 10 day letter expires without response (on the 11th day counting the deemed service date as day one), a surveyor can be appointed on their behalf to make an award, allowing work to proceed.
• The neighbour should be advised of their appointment and provided details of the third surveyor.
• There should be a final request for access to record an Internal condition record. 

• A party wall award can be made, to allow work to proceed, whether access is given or not. 
• Subject to notice periods having expired or having been waived, work can proceed.

Disclamer:

The information provided in this document is for general informational purposes only and does not constitute professional advice. While every effort has been made to ensure accuracy, it is not tailored to your specific situation. Always consult with a qualified professional before taking any action related to the issues discussed. The authors are not liable for any actions taken based on this content, and no legal relationship is formed by reading or interpreting this material.
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Need help with a Party Wall Act issue? Contact Coburns Party Wall for expert advice and assistance.