Received a Party Wall Letter? Why It Pays to Check Who You Are Dealing With
Receiving an unexpected letter about building work taking place next door can be concerning, particularly when it contains references to legal obligations, potential costs or the need to appoint a Party Wall surveyor.
However, homeowners should not feel pressured into making an immediate decision.
An article in The Times has highlighted reports of homeowners being approached by people posing as Party Wall surveyors, with some using publicly available planning applications to identify properties before sending official-looking correspondence to neighbouring homeowners.
The reports provide an important reminder of why property owners should understand their rights under the Party Wall etc. Act 1996 and check the credentials and experience of anyone they are considering appointing.
This type of unsolicited approach is sometimes informally described in the profession as “ambulance chasing” – particularly where correspondence is sent to homeowners simply because a nearby planning application has been identified. Whatever the approach, the important point is to check who you are dealing with and whether their involvement is actually necessary.
What is the Party Wall etc. Act 1996?
The Party Wall etc. Act 1996 provides a framework for preventing and resolving disputes relating to certain types of building work involving party walls, boundary walls and excavations close to neighbouring buildings.
It may apply to works such as:
- carrying out certain alterations to an existing party wall or structure
- building a new wall at or astride a boundary
- excavating within certain distances of a neighbouring building
Importantly, not every extension, renovation or planning application automatically means that a Party Wall Award is required.
Whether the Act applies depends on the nature and location of the proposed work.
I’ve received a letter from a Party Wall surveyor. What should I do?
Firstly, don’t panic.
Receiving correspondence from someone describing themselves as a Party Wall surveyor does not necessarily mean that you must appoint them, pay a fee or take the action they are recommending immediately.
Take time to establish what building work is actually proposed and whether the Party Wall etc. Act applies.
If you are uncertain, obtaining independent professional advice can help you understand your position before making any decisions.
You should also check the credentials of anyone who contacts you.
RICS recommends choosing an appropriately experienced Chartered Surveyor when appointing a surveyor under the Party Wall Act. It is also worth checking whether the firm you are dealing with is regulated by RICS.
Does a Party Wall notice always mean surveyors need to be appointed?
No.
If you receive a valid Party Wall notice, there are different ways in which the process may proceed.
In some circumstances, an adjoining owner may be happy to consent to the proposed works. Where a dispute does arise under the Act, the owners may be able to agree upon a single Agreed Surveyor, or each owner can appoint their own surveyor.
Where surveyors are appointed under the Act, their role is to deal with the matters in dispute impartially and, where required, prepare a Party Wall Award setting out matters such as how and when the work should be undertaken.
The appropriate route will depend upon the individual circumstances, which is why getting clear advice at the outset can be valuable.
Planning permission and the Party Wall Act are different things
One area which can sometimes cause confusion is the relationship between planning permission and Party Wall matters.
The two are separate processes.
The fact that a neighbour has submitted a planning application does not, by itself, determine whether the Party Wall etc. Act applies. Equally, obtaining planning permission does not remove any obligations that may exist under the Act.
A Party Wall surveyor can review the proposed works and advise whether the legislation is relevant.
Choosing a Party Wall surveyor
Party Wall matters can involve people’s homes, neighbouring relationships and significant building projects, so choosing the right professional is important.
Before appointing someone, consider checking:
- their professional qualifications
- their experience of Party Wall matters
- whether they or their firm are regulated by RICS
- their professional indemnity insurance
- their terms of engagement and fee structure
- whether they can clearly explain why their involvement is necessary
You should feel comfortable asking questions before agreeing to an appointment.
Independent advice can provide clarity
Most Party Wall matters can be managed in a straightforward and professional way when everyone understands the process.
The key is not to be rushed into making a decision because correspondence looks official or suggests immediate action is required.
At Sussex Surveyors, our role is to provide Approachable, Independent and Knowledgeable advice, helping property owners understand their rights and responsibilities under the Party Wall etc. Act 1996.
We advise both Building Owners planning works and Adjoining Owners who have received notice of works to neighbouring properties.
If you have received a Party Wall notice or unexpected correspondence about building works and are unsure what to do next, get in touch with Sussex Surveyors. We can review the circumstances and help you understand the appropriate next steps.
Read The Times article:
https://www.thetimes.com/life-style/property-home/article/fraudulent-surveyors-con-homeowners-out-of-thousands-of-pounds-wzhjzq85l
