CONSENT FOR WALLS UP TO, ON OR ACROSS THE BOUNDARY

Here's a step-by-step guide for building owners to facilitate a smooth consent process for building walls up to, on or across the boundary.

Understand your project and act early

Early assessment: Does your project involve building a new wall on the boundary line (also known as a wall up to the line of junction), or across the boundary?
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Know the legal requirements: If either of the above apply, the Party Wall Act requires you to formally notify your neighbour at least one month before starting the work by serving a Line of Junction Notice. This notice must include details about the proposed work and drawings can also be helpful.

Communicate early and effectively

Start informal discussions: Before serving a formal notice, have a friendly conversation with your neighbour. Explain your project and its benefits. Early transparency can help build trust and smooth the formal process later.
Provide visual aids: Share drawings, plans and other visual aids to help your neighbour understand the project’s scope and impact.

Serve the party wall notice

Prepare the notice: Clearly describe the proposed work. Include the date you intend to start. Provide your contact details and an invitation to discuss any concerns.
Delivery methods: Notice should be served at least 1 month before your intended start date. Serve the notice in person by handing it to someone at the address, via post (keeping a certificate of postage), or email (if agreed upon). Keep a record of how and when the notice was served.

Wait for a response

Response timeframe: Invite your neighbours to respond within 14 days of the date of service. 
​Responses: They can:
Consent - Agree to the proposed work. 
Dissent - Disagree, leading to a structured dispute resolution process.

​Address concerns and amend plans if needed

Be open to feedback: Your neighbour might have valid concerns or suggestions. Consider reasonable adjustments to your plans to address these, ideally in return for consent.
Offer assurances: Highlight measures you will take to minimise disruption and ensure safety.

Follow up and formalise consent

Written consent: Ideally you will want to obtain written consent. This is helpful for your records and for legal protection.
Dispute resolution: If they dissent, you will need to appoint surveyor(s) to prepare a party wall award.

Appoint surveyors

Agreed surveyor: Propose a single surveyor agreed upon by both parties to save substantial time and, of course, costs. A good party wall surveyor, acting as the agreed surveyor, can help ensure neighbourly relations remain positive and can, in some cases, improve fractured relations through open dialogue.
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Separate surveyors: If preferred, each party can appoint their own surveyor. This will increase costs but in practice, often has no (useful) effect on the outcome.

​Obtain the party wall award

Surveyor’s role: the surveyor(s) will prepare a party wall award outlining the work, timescales, and any conditions. It also specifies who pays for what.
Follow the award: Adhere to the award conditions to avoid creating new disputes to help ensure neighbourly relations are not damaged.

​Commence work

Notify neighbours: Inform your neighbour of the start date once all consents are/the award is in place.
Regular updates: Keep your neighbour updated on the project's progress, especially if there are any changes to the timeline or scope.

Maintain good relations throughout

Respect boundaries: Literally and figuratively! Be mindful of noise, dust, and access.
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Respond to concerns: Quickly address any issues your neighbour raises during construction.

Example timeline

1. Initial discussion: 1-2 months before serving notice.
   
2. Serve notice: At least 1 month before starting work.
   
3. Wait for response: 14 days after serving notice.
   
4. Resolve disputes: Appoint surveyors if no consent is given.
   
5. Issue party wall award: Typically within a few weeks, depending on surveyors.
   

Conclusion

Obtaining consent for building a boundary wall under the Party Wall Act requires clear communication, respect for legal procedures, and maintaining good neighbourly relations. By following these steps and being considerate, you can facilitate a smoother process and minimise conflicts.

Disclaimer:

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.

Need help with a Party Wall Act issue? Contact Coburns Party Wall for expert advice and assistance.