Understanding the Timescales for Party Wall Notices

Once you’ve decided on the construction work you want to do, the next step is to issue a Party Wall Notice. Below is a detailed timeline of the various stages, from issuing the notice to starting the work.

1. Issuing the Party Wall Notice

The first step in the process is to formally notify your neighbours of your intentions. The notice must be issued at least 2 months before the planned start date of the work. This is the minimum time required for the notice to be legally valid.

Key Points:

• 2-month notice for works involving party walls (such as removing or adding to the wall, underpinning, or inserting beams).

• 1-month notice for works near a shared boundary, such as digging foundations within a certain distance of your neighbour’s property.

The notice must be sent in writing, either by hand or by post, to all affected neighbouring property owners. It's best to use recorded delivery to ensure proof of receipt.

2. Acknowledgment of the Party Wall Notice

Once the Party Wall Notice has been issued, your neighbour(s) have 14 days to acknowledge the notice. The acknowledgment should include their response to the proposed works, which can be one of the following:

• Consent: The neighbour agrees to the work without any further requirements.

• Dissent: The neighbour disagrees with the work and does not want it to proceed.

• No response: If the neighbour does not respond within 14 days, the notice is considered as dissent, and further steps need to be taken to resolve the issue.

If your neighbour consents to the work, you can proceed without any further action. However, if they dissent or fail to respond, you’ll need to enter into a party wall award or agreement.

3. Appointing a Party Wall Surveyor

If your neighbour disagrees or does not respond to the notice, you’ll need to appoint a Party Wall Surveyor. This can be a single surveyor shared between both parties or individual surveyors for each. The surveyor’s role is to ensure that the work complies with the Party Wall Act and to resolve any disputes.

Timescale for Appointment:

• If you and your neighbour cannot agree on a surveyor, each party will appoint their own surveyor. In this case, the timescale will depend on how quickly both parties can appoint surveyors. Typically, this process takes between 1 and 3 weeks.

Once the surveyors are appointed, they’ll draft a party wall award, which is a legally binding document outlining the terms of the work, including protection measures for the shared wall and the start date of the work.

4. Dispute Resolution

If the Party Wall Notice is disputed, or if there are disagreements about the terms of the party wall award, the dispute will be resolved by the appointed surveyors. The surveyors will attempt to settle the matter fairly and reach an agreement. If they cannot agree, the matter may go to an independent third-party adjudicator or court, which could extend the timeline further.

Timescale for Resolution:

• Dispute resolution through surveyors typically takes around 2 to 4 weeks but can extend depending on the complexity of the dispute.

5. Issuance of the Party Wall Award

Once the surveyors have reached an agreement, the party wall award will be issued. This is a formal document that sets out the terms under which the work can proceed, including any precautions or conditions needed to protect the party wall and the neighbouring property.

Timescale for Award:

• The surveyors are required to issue the party wall award within 4 weeks of their appointment. However, if disputes arise, this may take longer.

6. Work Can Begin

After the party wall award has been issued, the work can begin immediately. However, the actual start of the work is subject to any conditions outlined in the award, such as structural measures to protect the neighbouring property or access rights.

What Happens if You Don’t Follow the Correct Timescales?

Failing to follow the correct timescales for Party Wall Notices can lead to several legal consequences. Some of the key risks include:

• Delays in your project: If you don’t give the required notice, your neighbours may refuse to allow you to proceed with the work.

• Legal action: If there is a breach of the Party Wall Act, your neighbour could take you to court, which could lead to significant delays and costs.

• Damage to relationships: Failing to communicate with your neighbour and follow the correct process could strain your relationship with them, making the entire process more difficult.

The timescales for Party Wall Notices are an essential part of the process when carrying out construction work that affects shared boundaries. By following the rules and allowing sufficient time for notice periods, you ensure that your project progresses smoothly and legally.

Remember, while you may want to start your work as soon as possible, taking the time to properly issue notices and resolve any disputes will save you time, money, and hassle in the long run. If in doubt, always consult with a party wall surveyor who can help guide you through the process, ensuring compliance with the law and fostering good relationships with your neighbours.

By understanding the timescales for Party Wall Notices, you can move forward with confidence in your construction project, knowing that you’ve taken all the necessary steps to protect both your property and your rights.

For more information you can call Express Party Wall Surveyor at 020 3633 0823 or contact us