Owners

What is a Building Owner?

Definition of a Building Owner
An owner who wishes to undertake building works which involves exercising rights provided by the Party Wall etc. Act 1996.

Planning a Building Project?

Are you intending to carry out any of the following typical works? If so, you will need to serve a Party Wall Notice upon your neighbour before commencing works.

  • An extension, whether that be to the rear, side or into the loft.
  • Conversion of a basement, garage or loft.
  • Underpinning.
  • Alterations, demolition or repairs to a wall, ceiling or floor shared with another property.
  • Roofing works, including to the chimney.
  • Building a free standing wall, or a wall of a building, up to or astride the boundary with a neighbouring property.
  • Excavating and casting foundations within 3 or 6 metres of an adjoining building owned by someone else.

Building Owners

Yes, you can. However, any errors or omissions in a Notice can render it invalid, requiring you to serve a further Notice and potentially delaying your building project. PWS West Midlands provides a Party Wall Notice drafting service. From just £45.00, we will draft the required Notice(s) to help ensure your project is not delayed by an invalid Party Wall Notice. We are happy to discuss your requirements and provide clear pricing. Contact us today to discuss which notices your project may require. You may also wish to use our free Notice templates. See our Fees page for more information.
Failing or avoiding serving a Notice can lead to expensive delays and legal costs if an Adjoining Owner seeks to stop the Building Owner’s work. An Adjoining Owner can apply for a court injunction against the Building Owner or their builder to stop unauthorised works. They may even apply for a mandatory (pulling down) injunction against works that are wholly or partly completed.
If, after you serve valid Party Wall Notices, your neighbours agree (consent) in writing, you can proceed with your planned works. You still have a duty to ensure that the works are carried out correctly, and any damage caused may be a matter for common law. Your neighbour can also change their mind and trigger the Act, requiring an Award to be drawn up.
Yes, if the work falls within the provisions of the Party Wall etc. Act 1996. As party walls are jointly owned, any work that could affect or compromise the party wall must follow the procedures set out in the Act.
This depends on the number of factors involved and the number of Adjoining Owners. We can act as your surveyor and liaise with your neighbours’ surveyors, or we can act as the Agreed Surveyor where you and your neighbours agree. We must act impartially when preparing the Award and listen to both sides to find a fair solution. A conversation with us will clarify what may be involved and the likely costs.
No. It can save considerable trouble, time and expense if matters are dealt with correctly from the outset. You will want to proceed with your works as quickly as possible, with minimal disruption to or from your neighbour. A Party Wall Award helps put the necessary arrangements in place for smooth progress, but serving the correct Notices at the outset is an important first step.