<![CDATA[COBURNS PARTY WALL - KNOWLEDGE AND INSIGHT - Knowledge Base]]>Wed, 18 Mar 2026 04:39:21 +0000Weebly<![CDATA[HAVE YOU BEEN THREATENED WITH A PARTY WALL INJUNCTION?]]>Fri, 16 Jan 2026 18:36:02 GMThttps://www.coburnspartywall.co.uk/knowledge-base/have-you-been-threatened-with-a-party-wall-injunctionIf a neighbour (or their solicitor/surveyor) has mentioned a Party Wall injunction, it’s easy to panic. 

The good news is that injunction risk is usually avoidable with prompt, practical steps - especially if you act early and keep communications professional.

This article explains what a Party Wall injunction is, why it matters, and what to do next.

What is a Party Wall injunction?

A (Party Wall) injunction is a court order that typically requires a building owner to stop notifiable works until the Party Wall etc. Act 1996 procedures have been properly followed.

In practice, an injunction can:
​
  • halt works immediately, and
  • trigger legal/court costs, often running into thousands of pounds, and
  • create months of delay while the issue is resolved through legal process and then the party wall procedure.

Why it’s serious

If an injunction is granted and you ignore it, the court may treat that as contempt, which can carry very serious consequences (including fines and, in extreme cases, imprisonment). So even if you dispute the basis of the application, you should treat the threat as urgent.

How do you prevent a Party Wall injunction?

The most reliable way to avoid injunction risk is simple:

  1. Follow the Party Wall Act correctly, and early - Where the Act applies, the building owner should serve the correct notice(s) on the correct adjoining owner(s) well before work starts. If you do this properly, the “you’ve ignored the Act” angle largely disappears - and with it, much of the injunction leverage. Courts can be sympathetic to adjoining owners where a building owner has ignored or misapplied the Act - so getting the basics right is vital.
  2. ​Don’t start notifiable works until you’ve addressed the process​ - If you start notifiable works without notice/award/consent in place, you increase the risk that a neighbour (advised by others) will try to escalate quickly.​

What if you’ve made a mistake?

Mistakes happen - wrong owner served, incomplete notice, timing misjudged, or work started too soon. If you’re already in that situation, the priority becomes:

Reassure, regularise, and reduce escalation
  • Pause and assess what’s actually notifiable and whether notices were correctly served.
  • Communicate calmly with the neighbour: confirm you intend to comply and resolve concerns.
  • Serve corrected notices (if required) without delay.
  • Avoid slow responses - delay is often what turns a manageable situation into a formal injunction application.
​
Also be cautious about unnecessary “fee generation” by third parties. Injunction threats can sometimes be used as leverage; your goal should be to de-risk quickly without being drawn into avoidable delay and cost.

If someone mentions “injunction” - what should you do today?

A quick, practical checklist:
  • Confirm which works are potentially notifiable under the Act
  • Confirm the correct owners to serve (freeholders/leaseholders where relevant)
  • Check whether valid notices have already been served and whether time periods have run
  • If not, serve notices immediately (correctly) and offer a sensible process
  • Keep communications short, factual, and professional

If solicitors are involved, ensure your party wall position is tidy and documented. Minimise their involvement by taking the necessary action quickly.

Conclusion

A threatened Party Wall injunction is not something to ignore or “wait out”. Early, decisive action usually reduces risk dramatically—and is almost always cheaper than trying to fight a problem after it has escalated into court correspondence.

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.
​
Need help with a Party Wall Act issue? Contact Coburns Party Wall for expert advice and assistance.
]]><![CDATA[HOW TO CHOOSE THE RIGHT PARTY WALL SURVEYOR]]>Fri, 16 Jan 2026 18:14:17 GMThttps://www.coburnspartywall.co.uk/knowledge-base/how-to-choose-the-right-party-wall-surveyorTo protect your property and ensure a fair process, it's important to choose a party wall surveyor who is not driven by fees alone. Here are some tips to help you make the right choice:
  • Look for Fixed Fees: Opt for a surveyor who charges a fixed fee rather than one who works on a commission or incentive basis. This reduces the risk of conflicts of interest and ensures that the surveyor's focus remains on providing a thorough and impartial service.
  • Check Qualifications and Experience: Ensure the surveyor is properly qualified and has experience with party wall matters. An experienced surveyor is more likely to provide sound advice and spot potential issues that could affect your property.
  • Read Reviews and Ask for References: Check online reviews and ask for references from previous clients. A surveyor with a solid reputation for fairness and thoroughness is more likely to protect your interests effectively.
  • Ensure Clear Communication: Choose a surveyor who communicates clearly and transparently about their fees, process, and responsibilities. This will help build trust and ensure you understand how they will protect your interests.
  • Prioritize Impartiality: A good party wall surveyor will act as an impartial expert, representing the interests of both parties fairly. Ensure the surveyor you choose has a track record of impartiality and professionalism.

​Conclusion

As an adjoining owner, appointing a fee-driven party wall surveyor can expose you to significant risks, including conflicts of interest, rushed decisions, and biased awards. These risks can lead to property damage, unresolved disputes, and unnecessary stress. To protect your property and rights, it's essential to choose a surveyor who prioritizes impartiality, thoroughness, and clear communication over personal financial gain.
​
By selecting a qualified, experienced, and fair party wall surveyor, you can ensure that your interests are fully protected throughout the construction process, minimizing the risk of disputes and damage to your property.

​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.
​
Need help with a Party Wall Act issue? Contact Coburns Party Wall for expert advice and assistance.
]]><![CDATA[PARTY WALL INJUCTION BASICS]]>Wed, 31 Dec 2025 16:29:57 GMThttps://www.coburnspartywall.co.uk/knowledge-base/party-wall-injuction-basicsWhere a building owner, without written consent or a valid award (statutory authority) carries out (or is about to carry out) work they may trespass, cause nuisance or breach their statutory duty. In such cases, an adjoining owner may consider obtaining an injunction.
In party wall matters,  an injunction is usually obtained to prevent notifiable works continuing.
It may also be obtained to require a building owner to carry out specific works e.g. install temporary shoring or weathering.
 
As one of the aims of the Act is to mitigate risk of damage and other unnecessary inconvenience for adjoining owners, the fact that work is covered by the Act, implies there is such risk. Although this isn’t always the case, many (incorrectly) consider notifiable works are risky by default. 

If an injunction application is to be made, it should be at the earliest opportunity. Where action is taken slowly, Courts may be unconvinced by the adjoining owner’s concerns as delay would imply the risk associated with the work is insignificant.

​​Is there a real risk?

The failure to comply with the Act’s requirements to notify the adjoining owner of notifiable works, or failing obtain an award, can be frowned upon by the Court. Consequently, persuading a Court that the building owner is at fault and therefore to grant an injunction, should be straightforward. 

​However, whilst an adjoining owner may be able to obtain an injunction simply because the building owner has not obtained statutory consent, it makes more sense to seek such an injunction only ​where there is a real risk of damage to their property. Otherwise, there seems to be little benefit in incurring the cost and time associated with an injunction application.

Are the works notifiable?

Adjoining owners should do what they can to be certain the work that concerns them is in fact, notifiable. This isn’t always as simple as it might sound. 

  • Look at the plans via the local authority planning portal. 
  • Speak to the neighbour
  • Speak to the builder
  • Check your understanding with a party wall surveyor 

If the building owner refuses to engage, it might be time to engage a solicitor to write a firm letter to them to request information or risk an injunction. This can be important as even where the works turn out not to be notifiable, the building owner may still be held liable for costs incurred due to their failure to engage properly at an early stage. ​

​How to apply for an injunction

Courts will allow you to make an application yourself. A suitably qualified and experienced lawyer should make the process of applying for and obtaining an injunction far smoother and less stressful, but that will come at a cost.

There is standard form N16A to complete. Ideally, the form should be accompanied by a (simple) witness statement. This can be prepared by the adjoining owner but may be better received if from a party wall surveyor.

A witness statement should include:

  1. Your understanding of the work the building owner is (or appears to be) carrying out.
  2. Reference to the fact that there is no written consent or a relevant award authorising the work.
  3. Details of your attempts to contact or communicate with the building owner prior to the injunction application.
  4. Details of any damage which has occurred, or details of what the risk of damage might be.

The Court will usually require you to give what is known as a “cross-undertaking”. This is a promise that if, at the end of the case, the Court decides that an injunction should not have been given, the you will pay whatever damages (to your neighbour) the Court deems appropriate. This can include the costs associated with the stopping of/delay to the building work.

Where the matter is genuinely urgent (where there is a real risk of immediate damage) it can be possible to obtain a hearing before a judge within a few hours. 

Where you can convince the judge of the urgency of your case,  they may be prepared to grant an injunction on the basis of an oral evidence. The person giving that evidence will be asked to give their undertaking to the Court that they will write and sign a witness statement to the same effect as soon as possible after the hearing.

How much does it cost?

If you make an application yourself, it may be possible to obtain an injunction for the Court costs of issuing such an application.

If a surveyor is used to produce a witness statement, that might add to your costs but makes good sense as such advice could steer you away from an injunction application that may otherwise be incorrectly made and incur costs.

Once lawyers become involved costs are likely to increase substantially. These could range from as little as £1,000 up to an eye watering £15,000.

If the Court grants an injunction and agrees that you were justified in seeking it, the building owner will normally be liable to pay your costs. But beware, this does not mean the Court will grant all of your costs. Usually this means that the building owner will have to pay somewhere between ​60-75% of your legal costs (lawyers fees).

Conclusion

Whilst injunctions can be useful for adjoining owners to ensure that building owners comply with their obligations under the Act, consideration must be given the circumstances:

  • Is the work definitely notifiable?
  • Is there a real risk of damage?
  • Do you require a witness statement?
  • Should lawyers be involved?

Our advice: proceed with caution as the risk can quickly outweigh the benefits. 

If in doubt, seek expert legal advice.

​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.
]]><![CDATA[GETTING YOUR NEIGHBOUR TO APPOINT AN AGREED SURVEYOR]]>Wed, 31 Dec 2025 16:27:35 GMThttps://www.coburnspartywall.co.uk/knowledge-base/getting-your-neighbour-to-appoint-an-agreed-surveyorIn an ideal world, neighbours would simply trust each other in the knowledge that everyone always does the right thing. In the real world trust can be difficult to establish, sometimes for good reason. Everyone knows someone with a story to tell.
​In this document we try to identify key messages you need to convey in an attempt to gain the trust of your neighbour with the aim of having them appoint your surveyor as the agreed surveyor.

In party wall matters, a neighbour (adjoining owner) has the right to appoint anyone they wish to act on their behalf to make an award. If they choose a surveyor other than yours, you can expect your costs to double (or more).

Your aim should be to have them appoint your surveyor as the agreed surveyor. This can mean lower costs, fewer delays and happier neighbours. However, before you can expect your neighbour to trust your surveyor to look after their interests, there are key messages they should expect to hear from you.

Key messages before surveyor appointments

● You should talk to the neighbours at the earliest opportunity to outline your plans so there are no surprises. Give them a copy of your plans.
● Assure them your surveyor is obliged to be impartial and that’s what you want them to be because you understand your neighbours may have concerns.
● Explain that if the party wall surveyor isn’t impartial the their award could be deemed invalid.
● Say again that you have asked you party wall surveyor to ensure impartiality. That you want your neighbour to be happy and that their needs are important to you.
● Suggest that even if they have no problems with the works going ahead with a formal agreement, that you can ask your surveyor to carry out a condition survey of their property so it will be clear what you are responsible for.
● Assure them that you are happy to put right any damage your work might cause. That you can get your builder to fix any faults at your cost or they can choose to have their own builder carry out the necessary work. It’s their choice.
● In most cases, the damage will be limited to a few minor cracks. Nothing major. That you just want to be careful for their sake.
● You are willing to consider any issues they have - children, pets, work, night shift, eldery relatives etc. and you will pass on any concerns to the builders. That the builders have been told that they need to be careful and considerate.
● To be reassured that you are happy to rectify any faults created by the work you are undertaking and that is what you would expect from them.
● You want to make sure their needs are considered because that is the neighbourly thing to do. ● Remind them that if or when they want to do any work you will be equally accommodating to them.
● If they have issues during the build they can raise them with you anytime. You are just next door (where applicable). Give them a daytime contact number too.

​Remember, you are not asking permission. You are letting them know, out of courtesy.

Key actions after surveyor appointments

To maintain neighbourly relations once party wall appointments have been made:
● ​Discuss your neighbours concerns with your builder. Ask them how they will accommodate any needs. Remember, after the builder has gone, you will still be there.
● Any promises you make should be kept… IF you want to maintain neighbourly relations!
● Building work involves noise but let your neighbours know if you expect EXTRA noise or disruption so they have time to make suitable arrangements.
​● If they raise issues during the build, listen to their concerns and try to resolve them where reasonably possible. Be a good neighbour. ​

Conclusion

If you have a poor relationship with your neighbour this may all fall on deaf ears but if you don’t at least try to talk to them, you should expect them to appoint their own surveyor.

​This will inevitably lead to higher costs and prolonged negotiations which could delays your building works. Be fair, reasonable and nice, then hope that your neighbours are too.

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.
​
Need help with a Party Wall Act issue? Contact Coburns Party Wall for expert advice and assistance.
]]><![CDATA[DISPUTE RESOLUTION PROTOCOL]]>Wed, 31 Dec 2025 16:22:41 GMThttps://www.coburnspartywall.co.uk/knowledge-base/dispute-resolution-protocolFrom time to time a dispute may arise between the parties. Either party may call upon the surveyors to settle such a dispute by way of an award.

​Below we outline the process we ask the parties to follow when referring a matter to the surveyor.

​Has a dispute arisen? ​

Before referring a matter to the surveyors a reasonable attempt should have been made to resolve the dispute with the other party. We would usually expect that an adjoining owner has already put their claim for loss or damage to the building owner prior to a referral.

Where a party has made insufficient efforts to mitigate costs by approaching the other party prior to referring a matter to the surveyors, this can be taken into account when considering the costs of the award.

​A referral to the surveyors should be considered a ‘last resort’.

Where there is a difference of opinion in relation to compensation, only the disputed amount need be referred to the surveyors. Not the whole sum.

Care should be taken to ensure matters outside the remit of the surveyors are not referred to them. Such a referral is likely to incur costs for the referring party.

Submissions

The party making the referral shall provide their submission in writing including sufficient detail of the matter/s in dispute to allow the surveyors to come to an informed conclusion.

​If they are hoping to make a compensation claim it would help to have 3 detailed quotes.

Where either party makes an insufficient effort to mitigate costs by providing a suitably detailed submission, this can be taken into account when considering the costs of the award.

Once the initial submission is received, the other party will be asked to provide their response within an agreed (by the surveyors) time limit.

​Procedure

Upon receipt of the submissions and before making a determination, the surveyors will decide on the procedure, and may require any or all of the following:
​
1. Clarification or further information from either party.
2. A site visit.
3. Independent expert advice. ​

Conduct and Communication ​

The surveyors must act in a manner that is not only impartial but is seen to be impartial. They should not engage in unilateral discussions with one party without involving or advising the other, unless one party is clearly refusing to participate in the process.

Costs in making the award ​

The costs in making the award (including the surveyor’s fees as well as those of any necessary consultants) will be awarded to be paid by whichever party or parties the surveyors may determine.

​On some occasions, they may determine that the costs of the award are to be apportioned between the parties. ​

Contents of the award ​

The award will identify the issues referred to the surveyors.

​However, they will only make a determination on those issues where they have jurisdiction under the Act to do so.

The reasoning behind the decisions will usually (but not always) be given in the award. ​

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.
​
Need help with a Party Wall Act issue? Contact Coburns Party Wall for expert advice and assistance.
]]><![CDATA[ASSESSING THE SCALE OF DAMAGE]]>Wed, 31 Dec 2025 16:15:26 GMThttps://www.coburnspartywall.co.uk/knowledge-base/assessing-the-scale-of-damageAlthough not a particularly common occurrence, building work can cause damage.

Understandably, most owners are unfamiliar with how to assess the scale of the damage and so their immediate reaction is one of great concern.
This note is intended to provide a brief and simple guide for owners to help reduce unnecessary concern in relation to minor damage and conversely, where damage is more significant, indicate when quick action might be required.

​Cracks can be caused by a number of factors. These can include impact, vibration, settlement, changes in weather or ground movement. Commonly, the specific cause relates to the nature of the works and how they have been undertaken.

We are often asked, “Is it structural?”

Cracks in walls are not uncommon, but it is not always obvious what level of cracking should cause concern and when building repairs might be necessary.

A widely recognised scale often used by insurance companies is the BRE Digest 251 Assessment of Damage to Low-Rise Buildings.

This scale can be helpful in understanding the level of damage that has occurred.

See our article on the scale.

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.
​
Need help with a Party Wall Act issue? Contact Coburns Party Wall for expert advice and assistance.
]]><![CDATA[THE SCALE - BRE DIGEST 251 ASSESSMENT OF DAMAGE TO LOW-RISE BUILDINGS]]>Wed, 31 Dec 2025 16:10:43 GMThttps://www.coburnspartywall.co.uk/knowledge-base/the-scale-bre-digest-251-assessment-of-damage-to-low-rise-buildingsAesthetic - Only requiring redecoration ​

​0 - Hairline cracks less than 0.1mm. ​

​No action required. Hairline cracks are classed as negligible. ​

1 - Fine cracks of up to 1mm. ​

​Fine cracks can be treated easily using normal decoration. Damage generally restricted to internal wall finishes; cracks rarely visible in external brickwork. ​

2 - Crack widths up to 5mm. ​

Cracks easily filled. Recurrent cracks can be masked by suitable linings.

​Cracks not necessarily visible externally; some external repointing may be required to ensure weather-tightness. Doors and windows may stick slightly and require easing and adjusting. ​

Serviceability - Affecting weather-tightness or operation of door and windows ​

3 - Crack widths of 5 to 15mm (or several of e.g. 3mm). ​

Cracks that require some opening up and can be patched by a mason. Repointing of external brickwork and possibly a small around of brickwork to be replaced.

​Doors and windows sticking. Service pipes may fracture. Weather-tightness often impaired. ​

4 - Extensive damage, cracks 15 to 25mm. ​

Extensive damage which requires breaking-out and replacing sections of walls, especially over doors and windows.

​Windows and door frames distorted, floor sloping noticeably. Walls leaning or bulging noticeably, some loss of bearing in beams. Service pipes disrupted. Typical crack widths are 15 to 25mm, but also depends on the number of cracks. ​

​Stability - Requiring structural intervention ​

5 - Structural damage, cracks greater than 25mm. ​

Structural damage that requires a major repair job, involving partial or complete rebuilding.

Beams lose bearing, walls lean badly and require shoring. Windows broken with distortion. Danger of instability. Typical crack widths are greater than 25mm but depends on the number of cracks.

Note - further consideration may be required where cracks are widening over time. ​

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.
​
Need help with a Party Wall Act issue? Contact Coburns Party Wall for expert advice and assistance.
]]><![CDATA[ADVISING ENGINEER]]>Wed, 31 Dec 2025 16:03:48 GMThttps://www.coburnspartywall.co.uk/knowledge-base/advising-engineerIt is expected that any engineer taking on the role of advising engineer has a good understanding of the requirements of the Party Wall Act etc. 1996 and their own broad experience in designing projects similar to those upon which they are being asked to advise.
Where an engineer is suitably experienced but unfamiliar with the role of an advising engineer, it is incumbent on their instructing surveyor to give clear guidance on what is required.

A competent engineer, whether experienced in the advising role or not, should rarely need to expend more than a couple of hours to understand all but the most extreme or unusual proposals. Therefore, the involvement of an advising engineer should not lead to an undue delay.

They should be able to offer straightforward, ideally non-technical guidance to their instructing surveyor so that they have a sufficient understanding of the key risks associated with the structural design and its potential impact on an adjoining owner’s property. This should allow the surveyor to proceed with making the appropriate comments on the draft award.

Any surveyor who accepts an appointment under the Act should make their appointing owner aware of their intention to instruct an advising engineer as early as possible. Ideally prior to being appointed. Such a need would usually be expected to have been identified by any competent party wall surveyor when they first review the notice/s and accompanying drawings.

There are surveyors who neglect to review notice/s and drawings or offer advice prior to accepting an appointment. As well as ignoring the potential for consent, such surveyors put themselves and their appointing owners at risk of incurring costs.

Where drawings are sufficient for having served notice/s, but insufficient to understand the structural design and its potential impact on an adjoining owner’s property, a competent surveyor would be expected to request such drawings prior to instructing an engineer. There should be no need for an advising engineer to chase information.

Financial arrangements between the surveyor and the engineer should be avoided. Where any exists, it should be disclosed at the earliest opportunity.

The advising engineer should act impartially at all times. There is no need for them to take instruction from their instructing surveyor or the related appointing owner. Doing so could lead to complications should the matter become contentious.

The engineer is to advise their instructing surveyor - not the adjoining owner. That would be the role of the appointed surveyor. If appointed to advise the adjoining owner, the building owner is unlikely to have any liability for his fees.

Any instruction taken from the adjoining owner should be disclosed at the earliest opportunity.  An advising engineer should generally limit their involvement to checking that the project engineer is acting safely and responsibly in respect of the notifiable works and its impact on the property that they have been asked to consider.

they might also offer advice where they reasonably believe the proposed work could prejudice the adjoining owner’s future rights from a structural perspective.

The advising engineer should be careful to restrict their advice to matters relating only to the notifiable works. Their focus should be helping their instructing surveyor understand how the proposals are likely to affect the party wall/the adjoining owner’s building. This could include temporary works proposals where they are unusual. If they are not unusual, additional inputs may not be necessary.

It is rarely necessary to check the proposals (or calculations) in detail. Instead, the advising engineer should seek to establish that the structural design is adequate and practical and is based on good practice that mitigates against unnecessary inconvenience to the adjoining owner/occupier. If the principles and assumptions upon which the proposal are based are what is commonly considered acceptable, the role of the advising engineer need not progress.

If the principles and assumptions upon which the proposal are based are unusual or are too optimistic, or if the conclusions appear inconsistent, it is reasonable to point this out to the project engineer. The project engineer should be given the opportunity to address such issues without interference from the advising engineer.

A site inspection is unlikely to be necessary. There is no need for the advising engineer to accompany the project engineer on-site visits for the purpose of inspecting trial holes or progress of the works etc. The project engineer’s reports should be sufficient.

In the same way that the surveyors have no role in policing the works or enforcing the award, nor does the advising engineer.

Details provided by the project engineer should be sufficiently detailed to allow the advising engineer to form a substantive view. Insufficient detail may lead to further time input from the advising engineer.

Where the project engineer clearly lacks the necessary experience or knowledge to address the advising engineer’s relevant and reasonable queries, it would be prudent for the building owner to consider instructing someone more appropriate for the role rather than having the advising engineer becoming overly involved.

It has become common practice for advising engineers to advise the need for movement monitoring. Such a request should be accompanied by site-specific reasoning. Unless existing movement has been identified or considerable movement is expected*, monitoring serves little real-world benefit and need not be specified.

​*Such a proposal should not usually be considered unacceptable. ​

Fees

Prior to instruction, the advising engineer should be provided with the relevant and necessary information to allow them to offer an outline quotation, although this is not a necessity.

Where drawings are insufficient to understand the structural design and its potential impact on an adjoining owner’s property, a competent surveyor would be expected to request such drawings prior to instructing an engineer.

The instructing surveyor’s failure to ask for and provide information to their advising engineer can lead to unnecessary time being expended and this should be taken into account when determining costs for inclusion in an award.

An engineer with reasonable experience of party wall matters should readily be able to give their instructing surveyor at least an outline range of what their costs might be. Most projects are likely to be similar to those they have seen before so the quoted range costs should be fairly accurate.

Where an instructing surveyor does not control their advising engineer’s costs, that is not a matter for the building owner to resolve.

​The advising engineer’s fee forms part of the instructing surveyor’s costs. They cannot enforce the award themselves and therefore there is no need for a separate clause in respect of their fee.

Liability to pay their costs sits with the instructing surveyor. The costs incurred in instructing an advising engineer are not a disbursement as they were not spent on behalf of the building owner.

It should be noted that the advising engineer is taking on a portion of what would usually be an instructing surveyor’s role. Consequently, that surveyor’s fee should be lower than if they had not instructed an advising engineer.

Their future involvement need not be considered at the time of making the first award. ​

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.
​
Need help with a Party Wall Act issue? Contact Coburns Party Wall for expert advice and assistance.
]]><![CDATA[SHOULD YOU APPEAL A PARTY WALL ACT?]]>Wed, 31 Dec 2025 16:02:06 GMThttps://www.coburnspartywall.co.uk/knowledge-base/should-you-appeal-a-party-wall-actThe Question ​
How can you decide whether or not you should consider appealing an award?

​This note is intended to provide guidance to assist you in making a decision. ​

Costs and litigation risk

It is a common belief that in litigation the loser pays the winner’s costs. So, because you are confident that you have a strong case, not only do you expect to win but you also you expect the loser, your neighbour, will pay all your costs.

But if you are appealing on multiple grounds, the court may rule in your favour on some points and against you on others.

So no matter how confident you are, your chances of success should rarely be considered as 100%. In fact, having worked with a number of lawyers and barristers over the years, we can report that even the best amongst them estimate that, no matter how strong you believe your case to be, your chances of winning are no higher than around 70%.

There is always a risk associated with legal action. There are variables you cannot control or sometimes foresee, including:

You may not be in possession of the full facts
A legal argument you are not aware of
The other side may have a better lawyer
The judge may be unpredictable/favour the other side for some reason

This suggests that you are at some risk of paying some costs whatever the outcome.

You should also be aware that, even where you are wholly successful on all grounds of your appeal, the courts may not agree that all your costs should be met by the losing party.

So, it is prudent to expect that you will recover around 65% of your legal costs. That leaves you to foot the bill for the remaining 35%.

It is therefore important that your costs are carefully managed and lawyers are not given free reign to incur time and costs unnecessarily. Legal costs can also vary widely depending on the complexity of the matter and the ability of your legal team.

If defended, you can expect the costs of your appeal to start from around £15,000 but beware, it can cost many times that.

You can of course appeal an award and represent yourself. Although your costs will be lower, so might your chances of success. Get ready to do lots of reading.

It is unlikely your appointed surveyor will be able offer much assistance in your appeal. Very few have any experience of such matters and even fewer have any discernible competence.

Where you instruct a solicitor and (they instruct a barrister) the assumed range of costs should be £50,000 to £100,000.

Before you instruct a solicitor you might consider a direct access barrister. Your costs should be lower but you will have to take a significant administrative role in the matter. Clearly, appeals are not ‘cheap’ so the risk of cost cannot be overlooked.

In most cases, the appeal process is prohibitively expensive and offers little obvious value for money. And therefore most of the issues you might have with an award should probably be seen as too minor to appeal.

An appeal, whether successful or not, can very easily cost you more than a bad award.

Our advice is that your decision should take into account the risk as well as the potential reward. And probably not the principle, unless you have very deep pockets.

And don’t forget, appeals aren’t quick. It is reasonable to expect a hearing to take place around 9-18 months after you issue proceedings. Is it practical or sensible to wait that long to resolve what might be relatively minor issues? And the hearing itself will require your further time input.

​Of course, there are sometimes good reasons and circumstances where appeal is the right course of action.

What should you do?

Our advice... proceed with caution.

Always take the advice of a specialist lawyer as soon as you can. It is unlikely to be free but could save you tens of thousands of pounds.

And finally, you should always be wary of a surveyor who readily encourages you to appeal an award. What is their motivation? Is it your interests or simply the pursuit of a fee?

​In reality an appeal is unlikely to cost the surveyors a penny. They have no risk when you appeal an award. But you do. ​

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.
​
Need help with a Party Wall Act issue? Contact Coburns Party Wall for expert advice and assistance.
]]><![CDATA[THE PARTY WALL PROCESS - IN BRIEF]]>Wed, 31 Dec 2025 15:53:17 GMThttps://www.coburnspartywall.co.uk/knowledge-base/the-party-wall-process-in-breifStep 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.
​
Need help with a Party Wall Act issue? Contact Coburns Party Wall for expert advice and assistance.
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