If you are planning to carry out building works to any part of the wall or floor separating different buildings, often known as ‘party’ walls and floors, or carry out excavations close to an adjoining owner's property, then it is likely you will need to comply with The Party Wall etc. Act 1996. Professional party wall advice is, therefore, advisable as you will need to give notice to the ‘Adjoining Owner’. This could include the Landlord and possibly any tenants if these are present. 

The Adjoining Owners are legally entitled to seek professional assistance from their own Party Wall Surveyor, and the ‘Building Owner’ is required to meet these reasonable fees. If you fail to give correct notice, the consequences can be very significant, possibly resulting in the need for works to be halted, with associated costs. Solicitors may become involved and if you have not followed the legislation correctly, you could end up footing the bill. By appointing your own Party Wall Surveyor you can be advised on the correct course of action, and in doing so, possibly keep future costs and disputes to a minimum.

If you are a neighbour to a building project involving a party wall, you may be classed as an 'Adjoining Owner'. You should, therefore, receive a formal notice seeking your consent to works from the building owner who is to carry out the work. If the works are 'notifiable', you are entitled to appoint your own Party Wall Surveyor to represent you and protect your interests. The building owner carrying out the party wall works should pay for the reasonable fees of this surveyor. If you are unsure about whether the works will be party wall works, please give us a call for party wall advice. Likewise, if you receive a notice from a neighbour informing you of a proposed planning application, check to see whether it will involve party walls or excavations within 3m (occasionally 6m for deep excavations) of your property. Seeking party wall advice at an early stage could save you a lot of trouble in the future whether you are a 'Building Owner' or an 'Adjoining Owner'..