Document downloads - Surveying party walls
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Suggested acknowledgment of party structure notice
A party structure notice, under section 3 of the Party Wall etc. Act 1996, describes the intention to exercise rights, conferred under section 2, to undertake certain works to a party structure and certain limited works to an adjoining owner's independent building (minimum notice period is two months). The required notices must be served on all adjoining owners with an interest in the relevant structures or land. Once the notice is received the notified party can then consent or dissent to the proposal.
This document is a sample template for such a response. -
Suggested draft award
A party wall award must be produced by the agreed surveyor or two of the appointed surveyors. This is a standard recommended party wall award template, but surveyors need to modify this to suit any particular project.
The award will usually include relevant drawings of the notifiable works, method statements, a schedule of condition and any limitations on the time and manner of carrying out the work.
Surveyors will agree the working conditions, such as hours for noisy works, whether weekend working is acceptable, protection required to any exposed party walls, security for expenses arrangements and fees to be paid and by whom. Method statements may be attached for a particular operation such as demolition or details of access onto the adjoining owner's land.
The award should make express provision for making good damage caused by works under this Act. -
Suggested letter requiring an adjoining owner (or building owner) to appoint a surveyor
The appointment of a surveyor arises out of a dispute between the two owners, following service of notice. A dispute arises when there is an express dissent to a notice or when a party structure notice or notice of adjacent excavation is not responded to by the adjoining owner within 14 days.
In either of these situations the parties must then appoint surveyors. They can either agree the appointment of a single surveyor who will be the agreed surveyor or each appoint their own separate surveyor.
This is a template letter for requesting another party appoint a surveyor. -
Suggested letter requiring an appointed surveyor to act effectively
This is a template letter for requesting a surveyor involved in a party wall dispute act, after they have previously provided no response to a draft award.
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Suggested letter to accompany a typical section 3 or 6 notice
A notice under section 6 of the Party Wall Act, for foundation or excavation works, must be served one month before work is intended to commence. The notice must be accompanied by plans and sections showing the location of the works and the site and depth of any excavation.
This is a template for a letter to accompany a notice under section 3 or section 6. -
Suggested letter to appointing owners upon service of the party wall award
The party wall award must be served on the parties and becomes legally binding. The parties have the right to appeal against the award in a County Court within 14 days if they feel that it has been made improperly. A building owner is not obliged to delay commencing work for 14 days while waiting to see if an appeal is lodged although there may be circumstances in which the surveyors impose a 14 day delay, as they are entitled to do.
This is a template for a letter to accompany such an award. -
Party walls selection of the third surveyor
In party wall procedures, the third surveyor has a powerful but rarely used role. One of the first duties of the appointed surveyors is to select a third surveyor, but current protocol does not require the third surveyor to be notified of this appointment as in most cases he or she will not be required.
Either of the surveyors or the parties may call upon the third surveyor to determine disputed matters. The third surveyor can either act with one of the other two surveyors to make the award or, where a specific matter in dispute is referred to him or her, may make his or her own award.
This document is a sample letter for proposing the selection of a third surveyor. -
Party walls specimen schedule of condition
The schedule of condition records the condition of relevant parts of an adjoining owner's property before the start of the building owner's works. It enables the surveyors, at a later date, to determine the extent of the building owner's liability for damage caused by the works.
It is good practice in practically all cases to prepare a schedule of condition of adjoining properties prior to work commencing and for that schedule of condition to form part of the award document.
This document is an example of a schedule of condition, providing a suggested layout. -
Suggested line of junction notice
A line of junction notice describes the intention to construct a wall either astride or abutting a boundary, which is not presently built upon, or is built upon only to the extent of a simple boundary wall wholly on one party's land. (Minimum notice period is one month).
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Suggested notice of adjacent excavation
The provisions of section 6 of the Party Wall etc. Act 1996 (the Act) are designed to try to avoid the careless destabilising of the foundations to buildings and structures that are in close proximity to a development site. If works will involve excavation of any type (whether or not for foundations), and that excavation falls within certain dimensional parameters in relation to an adjoining building or structure, then notices must be served.
This document is a sample notice of adjacent excavation that can be issued in such circumstances. -
Suggested party structure notice
A party structure notice, under section 3 of the Party Wall etc. Act 1996, describes the intention to exercise rights, conferred under section 2, to undertake certain works to a party structure and certain limited works to an adjoining owner's independent building (minimum notice period is two months). The required notices must be served on all adjoining owners with an interest in the relevant structures or land.
This document is a sample template for such a notice. -
Party wall legislation and procedure
Published July 2019
Effective from 1 October 2019
Reissued May 2023
This standard provides guidance for RICS members who accept instructions for which the Party Wall etc. Act 1996 (the Act) may be relevant. It also describes the circumstances in which the Act will apply, as well as the procedures to be followed where it does.
The new 7th edition, which is effective from 1 December 2019, contains an in-depth and important section on professional conduct. While a party wall surveyor is minimally required to act only in accordance with their statutory obligations, an RICS member is expected to meet RICS expectations of professional and ethical behaviour commensurate with their membership, alongside their duty to conform to the Act.
The appendices contain various draft letters and draft notices and a revised and updated suggested draft award. -
Boundaries: procedures for boundary identification, demarcation and dispute resolution
Published February 2021
Effective from 1 May 2021
Reissued October 2022
Disputes about boundaries, and related neighbour disputes, are never far from the news and have been increasing steadily during the COVID-19 period in England and Wales. Boundary disputes can be costly, traumatic and time-consuming for all concerned; they can end up in expensive legal cases, leave a lingering mistrust and ill-feeling between neighbours, result in delayed development and additional costs, and cause confusion between professionals. They never fail to light up the letter pages of the tabloids, and the constituency postbags of MPs.
It is critical that RICS members, and other professionals working within this sector, are up to date with the latest best practice advice and guidance. This new 4th edition encompasses all that was best from the seminal 3rd edition, with a new emphasis on mediation, and has been reformatted and edited to include several new and expanded sections.
This document was reissued in October 2022 as a professional standard. It had previously been published in February 2021 as a guidance note. The regulatory requirements remain the same and no material changes have been made to the document. -
Precedent deed of assignment of debt
An outline form for an assignment of debt in party wall disputes.
Where the paying owner fails to meet its obligation, this leaves the surveyor in the uncomfortable position of having to bring proceedings against the appointing owner to recover his or her fees.
There is, however, a simple solution. Section 17 of the Party Wall etc. Act provides that sums due under an award are a debt. Debts are a kind of legal property called a 'chose in action', which may be transferred, or 'assigned', by the creditor to another person under section 136 of the Law of Property Act 1925.
So, all a surveyor needs to do to recover a sum of money payable under an award is to take an assignment of it from the appointing owner. -
Precedent notification of assignment of debt
An outline form for notification of an assignment of debt in party wall disputes.
Where the paying owner fails to meet its obligation, this leaves the surveyor in the uncomfortable position of having to bring proceedings against the appointing owner to recover his or her fees.
There is, however, a simple solution. Section 17 of the Party Wall etc. Act provides that sums due under an award are a debt. Debts are a kind of legal property called a 'chose in action', which may be transferred, or 'assigned', by the creditor to another person under section 136 of the Law of Property Act 1925.
So, all a surveyor needs to do in order to recover a sum of money payable under an award is to take an assignment of it from his appointing owner.
Where such an assignment takes place, the person to whom the debt is assigned automatically acquires the legal remedies that were available to the original creditor, which include the right to bring proceedings in the Magistrates' Court. -
Precedent party wall complaint
An outline form for a party wall complaint.
The complaint is a brief summary of the facts on which the case is based, and the statute under which the complaint is made, that is the Party Wall etc. Act 1996. -
Precedent summons
An example summons that could be used in party wall disputes.
Once the complaint is made a magistrate, or a justices' clerk, may issue a summons (section 51 MCA) requiring the defendant to attend the court to answer (i.e. defend) the complaint.
The summons will briefly state the facts of the complaint (usually almost word-for-word) and give a time and date at which the defendant is required to appear to answer the complaint (reg. 98(2) MCR). -
Party walls draft letter of surveyor's statutory appointment and authority
Either of the surveyors or the parties in a party wall procedure may call upon the third surveyor to determine disputed matters. The third surveyor can either act with one of the other two surveyors to make the award or, where a specific matter in dispute is referred to him or her, may make his or her own award.
The appointed surveyors should take care to select a third surveyor in whom they have confidence and who has considerable experience in dealing with party wall matters.
This document is a template for appointing and authorising the third surveyor. -
Party walls draft letter of solicitor's or chartered surveyor's undertaking for holding security monies
This letter outlines the holding and transfer of security monies under the proposed development from the building owner.
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Party walls line of junction notice acknowledgment
This letter acknowledges a line of junction notice and agrees upon the terms that the notice is under.