Ross Elliott Surveying
Specialist Surveying Services
Party Wall Matters
Works to a residential or commercial property can affect a party wall, party structure, boundary wall, or nearby excavation. Where such works are proposed, the Party Wall etc. Act 1996 provides a statutory procedure that regulates how the works are carried out and sets out the rights and duties of the building owner and the adjoining owner.
The Party Wall etc. Act 1996
The Party Wall etc. Act 1996 is legislation that sets out a defined procedure to be followed before works commence, with the intention of regulating risk and providing a mechanism for dispute resolution.
The Act does not grant planning permission or building regulation approval. Its purpose is to control the manner in which notifiable works are carried out and to safeguard adjoining property.
Notifiable works
The Act applies to a range of works, including works to a party wall or party structure, such as cutting into, raising, lowering, or rebuilding it. Works to construct a wall on or up to the line of junction are also notifiable.
Excavation works are notifiable where they are within 3 metres of a neighbouring structure and to a depth lower than its foundations, or within 6 metres where the excavation falls within a line drawn at 45 degrees downwards from the base of the neighbouring foundations.
Common examples include domestic extensions, basement construction, loft conversions affecting party walls, removal of chimney breasts from shared walls, and commercial alterations or redevelopment works close to adjoining property.
Non-notifiable works
Minor works that do not affect the structural or shared function of a wall are generally not notifiable. These typically include redecorating, replastering, fitting shelves, electrical works, and other works of a similar nature.
Building Owners and Adjoining Owners
The Building Owner is the person or organisation proposing to carry out the works. This may be a freeholder or a leaseholder with sufficient legal interest.
The Adjoining Owner is any person or organisation with an interest in neighbouring land or buildings that may be affected by the works. This may include freeholders, leaseholders, and commercial occupiers.
Party Wall notices
Before commencing any notifiable works, the Building Owner is required to serve written notice on all relevant adjoining owners.
Works to a party wall require a minimum of two months’ notice. Excavation and line of junction works require a minimum of one month’s notice. Adjoining owners have 14 days in which to respond.
Where written consent is given, the works may proceed without a dispute. Where consent is withheld, or no response is received, a dispute is deemed to have arisen in accordance with the Act.
Disputes and Party Wall Awards
Where a dispute arises, the owners must appoint either one Agreed Surveyor or a surveyor each. The appointed surveyor or surveyors will determine the matter by way of a Party Wall Award.
The Award regulates the manner in which the works are to be carried out and typically includes provisions relating to access, working hours, protective measures, and responsibility for damage. A Schedule of Condition of the adjoining property is normally prepared prior to commencement.
In the majority of cases, the reasonable costs of the party wall process are met by the Building Owner, as the party benefiting from the works.
How I can help
I act as a Party Wall Surveyor in accordance with the provisions of the Party Wall etc. Act 1996, and established professional guidance. I act for both Building Owners and Adjoining Owners on domestic and commercial projects.
My role includes advising on the applicability of the Act, preparing and serving notices, undertaking Schedules of Condition, agreeing access and protective measures, and making Party Wall Awards where required. I also liaise with project teams, contractors, and professional advisers as appropriate.
The aim is to administer the statutory process in a clear and proportionate manner, to regulate risk, and to enable works to proceed with certainty while safeguarding adjoining property.
I am a Member of The Faculty of Party Wall Surveyors. For additional information, please click the links below:
Insurance Reinstatement Valuations
What it is
A reinstatement cost valuation (also called a rebuild cost assessment or building sum insured) provides an estimate of how much it would cost to completely rebuild a property from the ground up if it were destroyed, for example by fire, flood, or structural failure. The valuation includes the cost of demolition and site clearance, rebuilding materials, labour, access arrangements, and the professional fees required to complete the project such as architects, engineers, and surveyors. It also accounts for compliance with current building regulations and statutory requirements. The figure represents the realistic cost of reinstating the building to its existing form and specification, but it does not include the market value of the land itself.
Why it matters
Having an accurate reinstatement valuation is essential to ensure adequate insurance cover. If the declared sum insured is set too low, you risk being underinsured, which may result in only part of a claim being met by your insurer. If it is set too high, you may end up paying unnecessarily high premiums. Insurers, lenders, and lease agreements often require an up-to-date valuation to confirm that the property is insured for the correct amount. This gives peace of mind that, in the event of a major incident, the full cost of reinstating the property is covered.
How it is carried out
The valuation process involves a site inspection to record the structure, materials, age, layout, special features, and overall condition of the property. From this, the likely cost of demolition, site preparation, and rebuilding is calculated using current cost data for materials and labour. Professional fees, statutory approvals, and other necessary expenses are factored in, along with allowances for inflation, contingencies, and any complexities such as restricted access or unusual design elements.
Deliverable
The outcome is a formal reinstatement cost valuation report. This sets out the recommended sum insured, along with the assumptions made in reaching the figure. The report can be relied upon by insurers, lenders, landlords, and leaseholders to confirm that the insurance cover in place is both accurate and appropriate.