Are you aware that before you carry out any extension or alteration to your home you may need your neighbours’ consent?

Under the Party Wall etc Act 1996 it is not just people living in semi-detached or terraced properties, who physically share a wall with their neighbours, who need such approval.

Most people find the whole process confusing and frustrating, which is why RICS has set up a party wall helpline* putting people in touch with an experienced, local RICS member who will provide them with up to 30 minutes free advice.

Public information leaflets are also available on the subject as well as an online guide.

Under the Party Wall Act 1996, neighbourly consideration reaches beyond keeping noise levels down and remaining civil, as homeowners in England and Wales are required to serve notice to their neighbours when planned building work will involve a party wall, party fence wall or deep excavations.

The Act also applies to works on detached properties if the proposed work is within a certain distance of a neighbouring house.

Not covered by the act	Covered by the act
fixing plugs	extensions
screwing in wall units or shelving	damp proof works
re-plastering walls	some internal refurbishment
adding or replacing some recessed electrical wiring or sockets	structural alterations

RICS spokesman Graham North says:

"If you intend to do any of these things, we would always recommend you talk to your neighbours about your plans over a cup of tea first in order to iron out any potential problems. 

"Many homeowners and landlords are unsure of their rights and responsibilities.

"The main thing to remember is that under the terms of the Act you are obliged to give written notice to all your neighbours, either side, above and below, at least two months before starting party wall works.

"If a tenant or leaseholder is in the building next door, you will need to tell the landlord, as well as the person living in the property, that you want to carry out building work to the party wall."

Other than notices under Section 1 of the Act (Line of Junction) - where your neighbours lack of response can be taken as consent to go ahead with your project - if your neighbour does not respond within 14 days you will need to appoint a surveyor or an ‘agreed surveyor’ who will act impartially.

The surveyor will draw up a document called an ‘Award’ detailing the work to be carried out, when and how it will be done and recording the condition of the adjoining property before work begins.

It may also grant access to both properties so the surveyor can inspect work in progress.

The Award will determine who pays for the work if this is in dispute.

Generally, the building owner who started the work pays for all expenses.

Further information
*The RICS Party Walls helpline,  +44 (0)870 333 1600, offers help and advice to homeowners and landlords who are unsure of their rights and responsibilities.

A free guide to Party Walls is available to view online at www.rics.org/partywalls.

Printed copies can be requested: visit www.rics.org/usefulguides, e contactrics@rics.org or t +44 (0)870 333 1600.