Party walls – a game of beat your neighbour?

As if there isn't enough to sort out when moving a home, there are a few knotty issues that need to be addressed to better guarantee a tranquil time once you move in.

You've sorted out the removals, the utilities both at the new property and at the one you're leaving, you've set up a suitable insurance on the building and perhaps its contents, you've got your conveyancer working hard at the legal side of things.

But what about things like the party wall and what, if any, agreements should be in place?

A party wall agreement is relatively straightforward. Wherever you have a border with a neighbour (and don't forget any neighbours who are attached at the bottom of the garden, if it's appropriate), and you are planning to do any work on or near that border, you will need to ensure there is an agreement with any of the affected neighbours. This is to verify that they are happy for such work to go ahead.

The agreement covers any borders that form part of the property's wall, and those that don't (a brick garden wall, for example. Wooden fences are not included).

The party wall agreement governs the detail of the work to be carried out: how the border or wall shall be accessed during the work, the working hours of the builders and other workforces involved, and, before work is started, the agreement should provide evidence of the affected properties and how they looked before the work commencing (this to protect them against any problems that the work might inflict that then will need to be remedied).

And remember that you might also be a signature to a party wall agreement for works your neighbours plan to perform on or near your property's border. 

The details of the requirements in these instances are laid out in the Party Wall Act of 1996. 

Simply summarised, the agreement is required at least two months before work is scheduled to start, and covers these works:

• The construction of a new wall
• Work that cuts into a party wall
• Changing an existing party wall in height, depth or width
• Removing chimneys appended to a party wall (note that terrace and semi-detached properties often share chimney stacks)
• Rebuilding a party wall

What you don't need to obtain agreement on are the cosmetic works, such as putting up a cupboard or shelf, replastering, installing electric sockets and so on.

Of course, it'll help if you take time to explain the planned works before drawing up the Party Wall Agreement, not the least because you'll get a view on how likely it is that they'll contest the work. It will also help to maintain good will between you and your neighbours.

Your neighbour(s) will be given two weeks to respond, which will result in two possibilities:

1. They give you their written consent, which means work can go ahead with their blessing
2. They contest all or part of the work, which requires the dispute resolution process

If agreement and consensus cannot be reached, then you'll need to appoint a surveyor. You can either use the same surveyor as your neighbour or appoint separate ones. The process will then result in a party wall award, which is a legal document, which states what work should happen, how and when, and who is responsible for payment of the work. This, too, can be appealed at a county court.

The Government provides a useful Party walls guide and examples of the paperwork.

As part of the process laid out above, a surveyor needs to be assigned (collectively or separately between the neighbours) in order to create the party wall award.

But they can also provide information as part of the property survey to identify any party wall agreements that might be in existence already and to provide advice on any issues that might arise from it.

Remember that the work planned by a neighbour may impact the reason why you chose to buy the property in the first place, so early knowledge on that impact can only help before it's too late.

Got some work planned that affects your immediate neighbours? Contesting a party wall agreement that they've set up and need a surveyor? Or concerned about buying a property because of the neighbour's intentions?

That's where it is really worth contacting Surveyor Local! 

Surveyor Local only works with members of RICS to offer home buyers a comprehensive range of surveys that are affordable and will provide the information required on a property. 

Your appointed surveyor will be local to the property you are buying so they will know the area and bring that knowledge to their assessment and their analysis of the issues with the new home.

Surveyor Local will provide a quote that will not change - what you are quoted is what you pay. 

Next-day bookings are usually available, and your appointed surveyor will look after arranging access to the property with the estate agent and the seller. Once the survey is complete, they will send you a PDF copy of the report by email.

Call  to get your survey quote started, or to discuss your concerns with the acquisition of your planned property.

Or you can get a quick quote, using Surveyor Local's easy-to-use quote generator. 

We'll do the rest once you confirm your acceptance of the quote.