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Knowledge base · Awards & process

The party wall process in brief

A brief walk-through of the party wall process — from assessing the work and identifying owners to serving notice and dealing with each neighbour’s response.

The party wall process explained in one minute.

Step 1 — assess the work

  • Review the drawings and carry out desk research as needed — Google Maps, Earth, Street View and 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 confirm 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 the notice(s) on adjoining owners.
  • Include a suitable set of drawings.
  • Follow the service methods set out 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. They can consent, dissent, or not respond.

If a neighbour consents

  • Offer a condition record.
  • Where permitted or requested, record the condition of their property before work starts.
  • Once notice periods have expired or been waived, work can proceed.

If a neighbour dissents

  • The surveyor(s) make an award setting out rights and responsibilities.
  • This includes a site visit to assess circumstances and take an external condition record.
  • An internal condition record is also taken where access is readily granted.

Step 5 — appointing surveyors

  • Neighbours can agree on one surveyor, or each appoint their own.
  • The surveyor(s) visit the adjoining property to assess impact and record condition.
  • An award is made allowing work to proceed subject to its conditions.

If there is no response

  • Chase the neighbour after 14 days with a ‘10-day’ letter.
  • Work out the deemed service date, allowing for weekends and bank holidays.
  • If the 10-day letter expires without response, a surveyor can be appointed on the neighbour’s behalf to make an award.
  • The neighbour is advised of the appointment and given the third surveyor’s details, with a final request for access for an internal condition record.
  • An award can then be made — allowing work to proceed whether or not access is given.

Takeaway

The process runs in five steps: assess the work, identify the owners, serve notice, deal with each neighbour’s response, and (where needed) appoint surveyors to make an award. Done properly and early, it keeps projects moving and disputes out of court.

Disclaimer. This article is for general information only and is not legal or professional advice. It is not tailored to any specific property, project or dispute, and the law and its application can change. Always seek advice from a suitably qualified professional before taking action. Coburns Party Wall accepts no liability for action taken in reliance on this article.

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