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Building Owner FAQ

I am the one having the work done

Do I really have to do this? Is it a legal requirement or voluntary?

Yes. If your planned work affects a neighbour's property as defined by the Party Wall etc. Act 1996, you must serve the appropriate Party Wall notices before you start. That is a statutory requirement, not optional.

Isn't planning permission enough?

No. Planning permission, building control approval, and party wall matters are all separate. Even with planning permission in place, you may still need to follow the Party Wall process.

I don't share a wall - does the Act still apply?

Often, yes. The Act also applies to excavations near neighbouring structures (typically within 3 metres and deeper than their foundations). Shared walls are not the only trigger. It applies to any structure on a neighbour's land, including garages, outhouses, conservatories, retaining walls and some garden structures. In rare cases, deeper excavations within 6 metres may also trigger requirements.

Who pays the party wall surveyor's fees?

In most cases, the person carrying out the work pays all reasonable party wall surveyor fees, including those for the neighbour's surveyor if required.

Does the Party Wall Act protect me as well as my neighbour?

Yes. The Act protects both sides. For example, a pre-works Schedule of Condition records the neighbour's property before work starts, helping avoid disputes about alleged damage later.

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