What Exactly Does the Party Wall Act Houghton-Le-Spring Cover?
Many property owners misunderstand the reach of the Party Wall Act. It is not just about shared walls between two terraced or semi-detached houses. The Party Wall Act applies to a range of structures including boundary walls, garden walls, and floors between flats.
It also covers certain excavation works near neighbouring buildings. If the work could affect the structural support of a neighbouring property, even if you’re not directly touching their wall, the Party Wall Act may still apply. Understand who covers the cost of a Party Wall Agreement
When Do You Need to Serve a Notice?
One of the most confusing aspects is the timing. A common mistake is assuming notice can be given a few days before work begins. In truth, under the Party Wall Act Houghton-Le-Spring, the notice must be served well in advance—typically two months for work to a party structure or one month for excavation.
This gives neighbours time to assess, object, or agree. Failing to give proper notice can delay your project or even lead to legal issues. Learn whether you need one or two Party Wall Surveyors?
Does the Party Wall Act Stop You from Building?
Absolutely not. Another misconception is that the Party Wall Act gives neighbours power to prevent building altogether. It does not. Instead, it is there to ensure work is carried out safely and fairly.
If neighbours disagree, surveyors are appointed to resolve the matter—not to stop it. As long as the correct process is followed and an award is agreed, you can proceed with your construction.
Who Pays for the Surveyor?
This is one of the most frequently debated points under the Party Wall Act. In most cases, the building owner—the person doing the work—is responsible for the surveyors fees. If the adjoining owner appoints their own surveyor, both surveyors negotiate fees as part of the award.
It’s rare for the neighbour to pay unless the work benefits them directly. Budgeting for surveyor costs is essential before starting the party wall process.
Which Works Commonly Require Notice?
Here are some typical works that usually fall under the Party Wall Act:
- Cutting into a party wall for steel beams or chimney removal
- Raising or lowering a party wall
- Excavating within 3–6 metres of a neighbouring structure, depending on depth
- Building a new wall astride a boundary line
- Making structural changes to a floor or ceiling between flats
These works must follow the procedures of the Party Wall Act, or you risk invalid notices and delays. Find out if you can draft your own Party Wall Notice
Is Verbal Consent Enough Between Neighbours?
Good relationships with neighbours help—but under the Party Wall Act, verbal consent holds no legal weight. All notices and agreements must be in writing. Even if your neighbour agrees to your plans over a friendly chat, the law requires written consent or a formal award.
Overlooking this often results in misunderstandings and disputes, especially when construction begins.
Can You Start Work Without an Award?
Starting work without an agreement or award is one of the riskiest moves a homeowner can make. If your neighbour has not consented in writing, or an award has not been finalised, you are breaching the Party Wall Act.
This can lead to an injunction halting the work, or you may be held liable for damage—even if it is unrelated to your project. It is always better to wait for the proper process to finish before proceeding.
Why Is the Party Wall Act Often Misunderstood?
The language used in the Party Wall Act Houghton-Le-Spring is legal and technical, which often confuses homeowners. Add to this the urgency of building timelines and the belief that it’s a minor formality, and it’s easy to see why misunderstandings happen.
Many skip reading the act or rely on inaccurate online sources. Consulting a qualified party wall surveyor or advisor helps you navigate the requirements correctly and avoid costly mistakes.
FAQs
Q: Do I always need to follow the Party Wall Act if I live in a detached house?
No. If your property does not share any structures or boundaries with a neighbour, the Party Wall Act likely doesn’t apply. However, check for nearby excavations.
Q: What if my neighbour ignores the notice?
If your neighbour does not respond within 14 days, it’s considered a dispute under the Party Wall Act, and surveyors will need to be appointed to proceed legally.
Q: Can I serve the notice myself?
Yes. You can serve a notice yourself, but it must meet all the legal requirements of the Party Wall Act. Many choose to have a professional handle it to avoid mistakes.
Q: What happens after an award is made?
Once an award is agreed and served, you can proceed with the works as long as you follow all terms. The award becomes a legal document and is enforceable.
Final Thoughts
Getting the Party Wall Act Houghton-Le-Spring wrong can cause more trouble than most homeowners expect. From unexpected delays to strained relationships with neighbours, the impact can be frustrating and expensive. Taking the time to understand your responsibilities—and acting on them early—can save you from unnecessary headaches.
It is always wise to speak to a knowledgeable surveyor who can guide you through the process. A bit of preparation today can prevent major issues tomorrow.