Do I Need a Party Wall Surveyor?
If you find yourself in a Party Wall dispute, you may be wondering if you need a Party Wall Surveyor. This is most common with semi-detached or terraced houses.
When you want or need work on a shared wall in your home or garden, you must serve a notice to any adjoining neighbours. If they refuse or dispute the notice, a Party Wall Surveyor will be required to assess the situation. They can then draw up a Party Wall Agreement under the Party Wall Act 1996.
Below we look at when to serve a Party Wall notice, when a surveyor is needed, the costs involved and who pays them.
Why Would I Need a Party Wall Surveyor?
If you can come to an agreement with your neighbour and they accept your Party Wall notice, you may not need a surveyor. However, if they dispute the notice or ignore it completely, a surveyor will be required.
A surveyor will assess the Party Wall and the planned works. This helps you navigate the process and assess any impact on neighbouring buildings. They can ensure that the work is completed in accordance with the Party Wall Act 1996. The surveyor is responsible for drawing up the Party Wall Agreement.
When Should I Hire One?
You should hire a surveyor if the adjoining owner disputes the notice you have served. If you cannot come to an agreement, a surveyor can settle the matter with a Party Wall Agreement.
You may also need a surveyor if your neighbour does not respond to your notice. From the time they receive it, they have 14 days to respond. If there is no response after 14 days (known as dissent), you should look to use a surveyor to draw up an Agreement.
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When Do I Need to Serve a Party Wall Notice?
A Party Wall Notice must be served before any work begins on the Party Wall or boundary. This includes loft conversions, extensions, removing a chimney breast and any other work notifiable under the Party Wall Act.
There are three notice types which include:
- Section 1 – Line of Junction (one month’s notice)
- Section 2 – Party Structure Notice (two months’ notice)
- Section 6 – Adjacent Excavation (one month’s notice)
The adjoining owners then have fourteen days to respond with written consent.
This formal notice must be either delivered in person or by post unless the recipient is happy to receive it electronically. You can serve this initial notice yourself for free. Or, you can pay a flat fee to a surveyor to a party wall surveyor to complete the necessary forms for you.
You will not need planning permission is not required to serve a party wall notice.
What is a Party Wall Agreement?
A Party Wall Agreement is a legally binding document. A surveyor draws it up to outline work or settle a dispute between neighbours regarding a Party Wall. It is also known as a Party Wall Award.
This legal award outlines the terms and conditions of the construction works, including who is liable for the costs. It also covers the rights and responsibilities of all parties involved.
It also records the condition of the adjoining neighbours’ property before work begins. This is in the event any damage is caused to the neighbouring structure during the work.
It will provide the builders, architects or contractors' public liability insurance details. It will also set out the surveyor’s costs.
For more on Party Wall Agreements see: Do You Need a Party Wall Agreement?
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Party Wall Surveyor Costs
The hourly rate in the UK is usually between £90 and £450. On average Party Wall Surveyor costs are around £1,000. Keep in mind this is an average. The costs can increase depending on the details of the dispute and the proposed works.
These costs can increase if more than one surveyor is required. In some cases, two or even three surveyors are hired to settle a Party Wall dispute. You will need to take this into consideration when planning for the cost of work on your home.
For more information on the costs involved see: How Much Are Party Wall Surveyor Costs?
Can I Act as My Own Party Wall Surveyor?
No, you cannot act as your own surveyor. Even if you are a surveyor by trade, you cannot act as a surveyor in your own Party Wall dispute resolution process.
The Party Wall Act makes no requirement to use an experienced or trained surveyor. However, it is highly recommended that you hire a RPSA or RICS-accredited surveyor to draw up a Party Wall Agreement.
What If My Neighbour Doesn’t Appoint a Surveyor?
If your neighbour does not appoint a surveyor, you can appoint your own. However as we have stated, you cannot act as your own surveyor in your Party Wall dispute. The best course of action is to hire a local RPSA or RICS surveyor.
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How to Choose a Surveyor?
When it comes to finding and choosing a surveyor, there are a few places to start your search:
- Ask family members, friends and even colleagues if they have any recommendations
- Search The Royal Institution of Chartered Surveyors website
- Read reviews for local surveying companies
- Use a comparison site like Compare My Move to get the best deal on a local RPSA or RICS party wall surveyor.
