RICS Party Wall Surveyor in Brighton, Hove & Sussex

Not all works automatically require a Party Wall Surveyor to be appointed. Whether one is needed depends on the type of work proposed, the location of the works, and how neighbouring owners respond to any Party Wall Notice served. Early professional advice helps confirm whether the Act applies and what steps are required, avoiding unnecessary delay or escalation.

The Act commonly applies to works such as extensions near boundaries, loft conversions affecting shared walls, basement excavations, and structural alterations to party walls or floors. It may also apply to certain excavation works close to neighbouring properties. We can review proposals or notices at an early stage to confirm whether the Act is triggered.

In most cases, where the works benefit the Building Owner, they are responsible for the reasonable costs associated with the Party Wall process, including surveyors’ fees. The exact position can vary depending on the circumstances and is something we advise on clearly at the outset.

Yes, in some situations both owners may agree to appoint a single Agreed Surveyor. This can be a cost effective and efficient option where relations are good and the works are straightforward. However, it is not suitable in all cases, and independent advice is recommended before agreeing to this route.

Failing to respond to a valid Party Wall Notice can lead to delays and the appointment of surveyors on your behalf under the Act. This often removes control from the process and can increase costs. If you have received a notice and are unsure how to respond, early advice is strongly recommended.

Under the Party Wall etc. Act 1996 there are three main types of notice, depending on the nature of the proposed works.

PARTY STRUCTURE NOTICE

This notice is required where works are proposed to an existing party wall, party structure, or party floor. Typical examples include cutting into a party wall to insert steel beams, raising or thickening a party wall, removing chimney breasts, or underpinning a shared wall.

The notice must normally be served at least two months before works commence.

NOTICE OF ADJACENT EXCAVATION

This notice applies where excavation works are proposed close to a neighbouring building. It is required where excavation is within three metres of a neighbouring structure and deeper than their foundations, or within six metres in certain circumstances where deeper excavation is proposed.

The notice must normally be served at least one month before works commence.

LINE OF JUNCTION NOTICE

This notice relates to new walls built at or astride the boundary line between two properties. It applies where a new wall is proposed either up to the boundary or straddling it, subject to agreement.

The notice must normally be served at least one month before works commence.

We can advise which notice applies and prepare or review notices to ensure the correct procedure is followed.

Whether a neighbour can enclose on a wall depends on where the wall is located and how it is classified. If a wall is a party wall or a party fence wall that straddles the boundary, a neighbour may be able to make use of it, but only in accordance with the Party Wall etc. Act 1996 and following the correct statutory process.

If the wall was built wholly on your land, different rights apply, and a neighbour cannot simply enclose on it without your agreement. In some circumstances, where a wall has been built astride the boundary and is subsequently enclosed upon, compensation or cost sharing may be considered, but this is not automatic and depends on the specific facts and the procedure followed.

Party Wall matters are highly dependent on the position of the boundary, how and when the wall was constructed, and whether the correct notices and agreements are in place. Professional advice is recommended before any enclosure or reliance on an existing wall is agreed.

Whether a neighbour can remove a wall on or near a boundary depends on where the wall is located, who owns it, and how it is classified. If the wall is a party wall or a party fence wall that straddles the boundary, it cannot be removed unilaterally. 

Any alteration or removal would need to follow the procedures set out in the Party Wall etc. Act 1996 and, in most cases, require agreement or an Award.

If the wall is built wholly on one owner’s land, different rights apply. However, even in those circumstances, removal may still have implications for neighbouring structures, support, or land, and may trigger Party Wall procedures depending on the nature of the works.

Boundary and Party Wall matters are often complex and fact specific. Establishing ownership, boundary position, and the correct legal process at an early stage is essential to avoid disputes, delay, or unintended loss of rights.