Party Wall Disputes Solicitors

Party wall disputes can quickly escalate if they are not properly addressed, or if either neighbour elects to carry out work to a party wall without following the correct procedures. Using our dispute resolution skills, we can work alongside you to help find the most suitable solution for your circumstances.

Whether you are making an objection under the Party Wall Act, are seeking a party wall injunction, or are unable to reach an agreement with a neighbour prior to making renovations affecting party walls, our team can help you take the necessary steps to resolve the matter as efficiently as possible.

Our party wall solicitors can provide assistance with matters including:

• Advice on party wall works and notices
• Party wall objections
• Party wall agreements
• Party wall injunctions
• Party wall dispute resolution

Contact our party wall solicitors

For clear, expert party wall dispute advice, please contact a member of our property team for a no obligation discussion:

• Call: 01323 434416
• Email: enquiries@stephenrimmer.com
• Or pay us a visit at 21 Lushington Road, Eastbourne BN21 4LG

How we can help with party wall disputes

Advice on party wall works and notices

If you propose to carry out any renovations affecting party walls, it may be necessary to serve a notice to any neighbours who are likely to be affected. Where this is the case, our solicitors can review your situation in detail, advising you on whether the work you want to carry out would require a notice according to the terms set out in the Party Wall Act.

If notice will be required, our party wall solicitors can proceed to draft and serve a party wall notice on your behalf, making sure that the correct notice period is adhered to. While doing so, you can be certain that any actions you take will be fully compliant with the terms of the Party Wall Act, which is likely to be critical if a party wall dispute arises further down the line.

Party wall objections

If a neighbour has served you with a party wall notice, detailing their plans to carry out works to a party wall, making an objection under the Party Wall Act may be possible. Homeowners can make a party wall objection within 14 days of receiving notification.

Our solicitors can provide straightforward guidance on your rights and, importantly, whether making objections under the Party Wall Act will be possible in your situation. We can then help you to draft a clear counter-notice that sets out any modifications to the original proposal that you would like to be made.

If done correctly, it may be possible to avoid any further disputes, ensuring you and your neighbour are able to come to an agreement over the works that are completed on the party wall.

Party wall agreements

After a party wall notice is served, and any objections are addressed, a party wall agreement (also referred to as a party wall award) can be drawn up before the building work takes place. This is a legal document that is drawn up with the assistance of one or two surveyors.

The party wall agreement sets out a range of details that cover exactly what work will take place and when. This is an important document that can be referred back to if either party goes against the agreement further down the line.

Party wall injunctions

If work has already commenced on a party wall, you may need to obtain a party wall injunction to stop the works temporarily. If the works continue after an injunction has been served, the building owner can be punished by the courts.

Our team can help you to serve an injunction where work has been commenced without your permission, or the work goes beyond what was agreed in a previous party wall agreement. We can also help you if you need to respond to a party wall injunction which you believe to be unjust.

Party wall dispute resolution

While there are many options for resolving disagreements over party walls, there may be a situation where agreement simply is not possible.

If you are struggling to agree on the terms that should be included in a party wall agreement, or your neighbour is objecting to the terms you are suggesting, our solicitors can step in to ensure that your rights and interests are protected. We have experience in using various methods of alternative dispute resolution such as mediation.

Party wall dispute FAQs

What is a party wall?

A party wall stands on the land of two or more owners and will either form part of a building or a garden wall. Garden fences do not class as party walls.

Walls which are on one owner’s land but are used by two or more other owners to separate their buildings are also party walls.

It is also possible to have a party structure. This typically includes any floors or other structures that separate buildings or parts of buildings with other owners.

How do I comply with a Party Wall Act?

There are several types of changes which tend to fall under the regulation of the Party Wall Act. These include, but are not limited to:

• Changing a support beam
• Cutting into a party wall
• Demolition of a party wall, or a section of a party wall
• Digging or excavating the foundations of a party wall
• Underpinning
• Inserting damp proof course
• Raising the height of a party wall

It is not usually necessary to comply with the Party Wall Act if you intend on completing minor work, such as electrical work, drilling to construct shelving or plastering.

Who pays for the surveyors in a party wall agreement?

If a party wall agreement is necessary, a surveyor will need to be appointed. The person who is proposing to carry out the work on the party wall will generally be responsible for paying for the surveyor’s fees.

This also means that they will be responsible for paying for both sets of surveyor’s fees if both parties cannot agree on a single surveyor.

Do I have to pay for my neighbour’s party wall?

The person proposing to carry out the party wall work will need to pay for any building works that take place. As a neighbour, you may have to meet a share of the cost if work is necessary due to defects or a lack of repair.

If you cannot agree on who should pay for the work, an appointed surveyor will set out what arrangements should be made.

Can I use the same party wall surveyor as my Neighbour?

Yes, if you and your neighbour are able to agree, you will be able to use a joint surveyor.

Does a party wall agreement need a surveyor?

A surveyor will be needed when you intend to sign a party wall agreement. However, you will not need to use a surveyor if you are serving a party wall notice.

Speak to our party wall solicitors in Eastbourne and Hastings

From our offices in Eastbourne and Hastings, our team advises individuals all across East Sussex, including in Bexhill-on-Sea, Hailsham, Polegate, Battle, Pevensey and St Leonards-on-Sea.

To find out how we can help with a party wall dispute, please contact our expert team now:

• Call: 01323 434416
• Email: enquiries@stephenrimmer.com
• Or pay us a visit at 21 Lushington Road, Eastbourne BN21 4LG