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As a Party Wall Surveyors with decades in the business, we’ve seen just about every twist and turn that can arise when someone starts building work near a shared boundary. One recent case in leafy Wimbledon really drove home a simple truth: when it comes to the Party Wall etc. Act 1996, what you don’t know can hurt you — legally, financially, and emotionally.
Let me tell you what happened.
Sarah (not herreal name), a homeowner in Wimbledon Village, had grand plans for a rearkitchen extension with a loft conversion. She hired an architect, got her planning approval, and even lined up a builder with a start date. Everything seemed to be going smoothly… until a neighbour knocked on her door with a stern face and a letter from their own surveyor.
That was the first time Sarah heard the words: Party Wall Notice.
She had no idea that cutting into the party wall for steel beams and digging a new foundation within three metres of her neighbour’s basement required formal notice under the Party Wall Act. No idea that she should have served notice at least two months earlier — or that her project couldn’t legally start until the process was completed.
Below is a breakdown of the key things Sarah didn’t know:
A lot of homeowners mistakenly believe the Party Wall Act is a kind of good-neighbour agreement. It’s not. It’s a legal requirement if you're doing certain types of work near a party wall, boundary line, or within 3 or 6 metres of a neighbouring structure, depending on the depth of excavation.
Getting your plans approved by the council doesn't mean you’re in the clear. The Party Wall Act is entirely separate from planning and building regulations. Your planning officer won’t check if you’ve served notice — but your neighbour might.
Sarah thought that because her neighbour hadn’t objected to her planning application, she was in the clear. Not so. Under the Act, if you serve notice and they don’t respond within 14 days, it’s taken as a dispute — and surveyors must be appointed.
Sarah needed to start work in three weeks and had already instructed her builders to start demolishing the interior of her home. But once a dispute is triggered, the process of surveyors preparing a Party Wall Award can easily take four to six weeks, sometimes more. That meant telling her builder to hold off, which came with penalties, as well as having to pay to live in alternative accommodation for a longer period of time.
While Sarah thought she’d have to pay for everything, including her neighbour’s surveyor, it’s not always black and white. If the neighbour appoints their own surveyor unreasonably or delays matters, costs can be questioned — but only if you have the right representation.
The Party Wall etc. Act 1996 exists to protect both sides — it ensures your building works don’t damage your neighbour’s property, and it gives you legal rights to carry out those works safely. But if you ignore it or treat it as an after thought, it can stall your project, sour relations, and even land you in court.
Sarah ended up appointing Party Walls Limited to act as her surveyor. We managed to reach agreement with her neighbour’s surveyor and issue an Award in time to salvage most of her schedule — but it was a close call, and it came with stress she hadn’t budgeted for.
If you're a homeowner in London and you are thinking of carrying out works near your boundary, don’t wait until the scaffold poles are in the driveway to look into your party wall obligations.
Speak to aqualified surveyor early. Not only can we help you navigate the legal maze, but we might also just save your project from unnecessary delays and your budget from avoidable surprises.
Got a question about party wall matters? Drop us a message or give us a call — we have probably seen your situation before and are always happy to talk through your options.
Avoid delays and disputes — review our Party Wall checklist for homeowners here: https://www.partywallslimited.com/party-walls-limited-checklist-for-homeowners
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