Frequently Asked Questions
So does the Party Wall Act apply to every building project?
The simple answer is no. There are three main areas of work which do required you to comply with the Act and these are:-
- building up to or on the boundary (section 1)
- works affecting a party wall, party structure or party fence wall (section 2)
- excavations within 3m or 6m of a neighbours structure and to a lower depth than their foundations (section 6)
Can I prepare and serve the relevent notices without instructing a Party Wall Surveyor?
Yes, you can prepare and serve the notices. We will even give you a link to a page on our website where you can download the blank notices for you to complete for FREE. Please note that the notices must be correct otherwise they are invalid and everything that follows an invalid notice is null and void.
Do I have to appoint Ely Design Group to act as my Party Wall Surveyor?
No, the FREE compliance check comes with no obligation to appoint us. However we do include details of the services we provide including preparing and serving valid notices and, in the event of a party wall dispute, to act as your Party Wall Surveyor.
Is there more information on your website about the Party Wall etc Act 1996?
Yes, there is a considerable amount of detailed information about the Party Wall etc Act and the procedures on out website. Indeed it is split into two parts so that the advice given suits either the Building Owner (person carrying out the works) or the Adjoining Owner (the person who owns the property beside the Building Owner's property)
I've been speaking to my neighbour who says he is happy with what I am planning. Do I need to do anything?
Yes, you need to comply with the Act and serve the relevant notices. It should be a very straightforward process - all your neighbour needs to do is select option 1 on the Acknowledgement Form, sign it and return it to you.
Who deals with Party Wall Surveying matters at Ely Design Group?
Currently all party wall matters and FREE compliance checks are carried out by Allen Norman. Allen is a Chartered Building Surveyor, a Fellow of the Faculty of Party Wall Surveyors and, more importantly, experienced in Party Wall matters.
I have a detached house so why would the 'Party Wall Act' apply to me - there aren't any party walls in my property.
As mentioned above the sections 1 and 6 of the Act may apply if you are building up to or on the boundary (section 1) and / or you are excavating within 3m/6m of your neighbours property and to a lower depth than their foundations.
My neighbour says they have appointed a surveyor and I have to pay their fees but I haven't even served a Notice.
Your neighbour can appoint a surveyor to advise them but they will be liable for the surveyor's fees. When you serve a notice then they can dissent to the works and it's at that point that Surveyors must be appointed and you, as the person carrying out the works, will be liable for reasonable fees charged by your own Surveyor and the Surveyor that your neighbour appoints.
What areas do you cover?
We generally work within a 20 mile radius of our offices in Stretham, CB6