The New RICS Party Wall Guidance Note

by | Dec 2, 2019 | Party Wall

For anyone planning work to a party wall, digging foundations near a neighbour or building on the boundary, the way surveyors handle the matter was updated in December 2019. On 1 December 2019 the seventh edition of the RICS guidance note Party wall legislation and procedure took effect for RICS members and firms regulated by RICS. It was the first revision in more than eight years.

What has not changed

The law itself, the Party Wall etc. Act 1996, is the same. A building owner must still serve notice before carrying out notifiable work, and an adjoining owner who does not consent is treated as being in dispute. The surveyors appointed then settle the matter by an award. The surveyor’s role remains a statutory one, personal to the individual and independent of the party who appointed them.

What the new edition brought

  • Professional conduct. Fuller guidance on what is expected when a surveyor accepts a party wall appointment.
  • Conflicts of interest. Clearer guidance on when a surveyor can and cannot act.
  • Complaints. Clarification of how a firm’s complaints procedure relates to the surveyor’s statutory role.
  • Electronic service. Guidance on serving notices electronically.
  • Documents. A condensed model award and additional template letters, including letters of appointment.
  • Schedules of condition. No sample schedule is appended. Its form and content are left to the judgement of the surveyors in each case.

What it means for owners

  1. Expect clear terms at the start. Your surveyor should explain the appointment, the fees and how the process works.
  2. Serve notice in good time. Notice periods are set by the Act, and starting work without proper notice causes disputes.
  3. Value the schedule of condition. A careful record of the neighbour’s property before work starts protects both sides if damage is alleged later.
  4. Keep neighbours informed. Most party wall matters run smoothly when everyone knows what is happening.

For a plain English overview, see the government’s guide Party walls and building work and its explanatory booklet on the Act.

Our Party Wall Matters service acts for building owners and adjoining owners. See how one project needed two awards for two neighbours.