Party Wall Surveyors in London

Before undertaking any major renovations or construction that affects a party wall or adjoining structure, an owner must seek consent from affected neighbours. If they do not, they are acting unlawfully and you may have to apply for an injunction to stop them. We would always recommend that you take legal advice and attempt to discuss the matter with your neighbour before going down this route.

Yes. If you have not gained consent from any affected adjoining owners, or been through the Act's dispute resolution procedure, your work is being conducted unlawfully and should be paused (making sure all structures are stable). The works should not continue until you have served notices to cover the remaining work and followed the necessary procedures under the Act. Any disputes that arise must be dealt with by surveyors appointed under section 10 of the Party Wall Act.

The Act covers three types of work: building along the boundary between two properties, excavating within prescribed distances of shared or adjoining structures, and altering a party structure. Notifiable works include cutting into the walls dividing terraced houses to insert beams as part of a loft conversion, excavating within 3.00m of a neighbour's property to build the foundations of an extension, and building the flank wall of an extension at the boundary.

As an adjoining owner or occupier, you are expected to tolerate "reasonable disturbance". However, your neighbour also has a responsibility to carry out their alterations without causing unnecessary inconvenience. If you suffer a quantifiable loss as a result of works covered by the Party Wall Act, you will be eligible for compensation (for example, if you run a business and customers can no longer use your premises). Your neighbour must still follow normal health and safety legislation and environmental protection laws, such as keeping noise and vibration within local limits and working within time restrictions.

The Party Wall Act does require you to give your neighbour access to your land if their construction work cannot be completed any other way and they give you the required notice. This is normally 14 days, but if an urgent matter occurs (such as a burst pipe), the notice can be reduced in proportion to the emergency. Access must be 'necessary', so if there is an alternative way for your neighbour to do the works, even if it is slightly more expensive, that's what they should do.

Appointed surveyors prepare a schedule of condition covering the 'at risk' parts of the adjoining property before any construction begins, and this is strongly recommended. If damage occurs as a result of the work, the schedule of condition protects both parties from unfair or misleading claims, because it proves the property's condition before work started. Surveyors also prepare a party wall award to regulate the time and manner of the works, covering important points such as working hours, access and safeguards to reduce the risk of damage.

No, or at least not the part of the works covered by the Act. While it can be tempting to start before the award has been agreed and served, doing so would be unlawful.

If an adjoining property is damaged as a result of works covered by the Act, the owner can either allow the building owner's contractor to make good or request a payment in lieu. Any disputes over the cause of the damage or the cost of making good can be referred to the appointed surveyors, whose decision is confirmed in a further award. The award will include a timescale for the payment in lieu. If a payment confirmed in an award is not made, the parties can take enforcement action in the Magistrates' Court.