If you are planning building work that affects a shared wall, boundary, or structure near a neighbouring property, the Party Wall etc. Act 1996 requires you to notify your neighbour before work begins. Whether you are the building owner carrying out the work or an adjoining owner who has received a notice, you need a qualified party wall surveyor to protect your interests.
Bemerton Consulting provides expert party wall surveying services across Liverpool, Merseyside, and the North West. Our RICS Chartered Building Surveyors act for both building owners and adjoining owners, ensuring the legal requirements of the Act are met and that your property is protected throughout the construction process.
The Party Wall etc. Act 1996 is a legal framework that provides a mechanism for resolving disputes between neighbours when one party wants to carry out building work that could affect a shared structure or boundary. The Act covers three main types of work: work directly to a party wall or party structure (such as cutting into a shared wall to insert a beam), new building on or at the boundary line between two properties, and excavation within defined distances of a neighbouring building's foundations.
The Act requires the building owner to serve formal notice on the adjoining owner before work begins. If the adjoining owner does not consent, a dispute is deemed to have arisen and one or more party wall surveyors must be appointed to resolve it through a party wall award.
You will need a party wall surveyor if you are planning any of the following types of work: building an extension that involves work to a shared wall, removing a chimney breast on a party wall, inserting a steel beam (RSJ) into a party wall, building a new wall on or at the boundary line, carrying out loft conversions that affect a party wall, or excavating foundations within 3 metres (or 6 metres, depending on depth) of a neighbouring property.
As an adjoining owner, you should appoint your own party wall surveyor if you receive a party wall notice from a neighbour. Your surveyor will act independently on your behalf to ensure your property is protected and that the proposed works will not cause damage.
For building owners: We advise on your obligations under the Act, prepare and serve the required notices, and act as your appointed surveyor if a dispute arises. We ensure compliance with the Act so that your project can proceed without legal risk or delay.
For adjoining owners: We act as your appointed surveyor to review the proposed works, assess the potential impact on your property, prepare a schedule of condition (recording the current state of your property before work begins), and negotiate the terms of the party wall award on your behalf. The adjoining owner's surveyor fees are paid by the building owner under the Act.
Party wall awards: Where a dispute arises, we prepare party wall awards — legally binding documents that set out the scope of permitted works, the rights and responsibilities of both parties, and any protective measures required during construction.
Schedules of condition: We prepare detailed photographic schedules of condition for adjoining properties before work begins. This provides an objective record of the property's condition and is essential evidence if any damage occurs during construction.
The process typically follows these steps. First, the building owner identifies that the proposed works fall within the scope of the Act and instructs a surveyor. Second, formal party wall notices are prepared and served on all affected adjoining owners. Third, the adjoining owner responds — either consenting to the works or dissenting (which triggers the appointment of surveyors). Fourth, if a dispute arises, the appointed surveyors prepare a party wall award setting out the terms under which the work may proceed. Fifth, a schedule of condition is prepared for the adjoining property. Sixth, the works are carried out in accordance with the award. Finally, a post-completion inspection confirms whether any damage has occurred.
Our surveyors have extensive experience acting for both building owners and adjoining owners under the Party Wall Act. We are RICS Chartered Building Surveyors, which means we operate to the highest professional standards and are bound by the RICS Rules of Conduct. We provide clear, practical advice and aim to resolve disputes efficiently — keeping projects on track while ensuring all parties' interests are properly protected.
What is a party wall surveyor?
A party wall surveyor is a qualified professional appointed under the Party Wall etc. Act 1996 to resolve disputes between building owners and adjoining owners when construction work affects a shared wall, boundary, or nearby structure. The surveyor acts impartially to protect both parties' interests and produces a legally binding party wall award. At Bemerton Consulting, our party wall surveyors are RICS Chartered Building Surveyors with specialist experience in the Act.
Who pays for the party wall surveyor?
Under the Party Wall Act, the building owner (the person carrying out the work) is generally responsible for paying the reasonable fees of both their own surveyor and the adjoining owner's surveyor. This means that if you are an adjoining owner who has received a party wall notice, you can appoint your own surveyor at no cost to you.
Do I need a party wall agreement for a loft conversion?
If your loft conversion involves any work to a party wall — such as cutting into the wall, raising the wall, or inserting steel beams — then yes, you will need to serve a party wall notice and follow the process under the Act. Even if the work does not directly touch the party wall, excavation near the neighbouring property's foundations may also trigger the Act's requirements. We recommend seeking advice early in the planning stage to avoid delays.
How long does the party wall process take?
If the adjoining owner consents to the works, the process can be completed in as little as 14 days from the date of notice. If a dispute arises and surveyors are appointed, the process typically takes 4-8 weeks depending on the complexity of the works and the level of agreement between the parties. Starting the party wall process early — ideally as soon as planning permission is granted — ensures your project is not delayed.
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Suite 119, The Cotton Exchange Bldg, Old Hall St, Liverpool L3 9LQ
Phone: 0151 559 2760
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