Why Ignoring the Party Wall Act Can Derail Your Project, and How Naismiths Keeps You Protected

Too often, the Party Wall etc. Act 1996 is treated as red tape, until it halts a project.

Here’s what happens when it’s overlooked, how we manage Party Wall matters across the Naismiths and Edmond Shipway service lines, and why our impartiality as RICS-regulated surveyors keeps our clients and funders fully protected.

Understanding the Party Wall etc. Act 1996

The Party Wall etc. Act 1996 provides a legal framework for property owners carrying out works that might affect shared or adjoining structures. It typically applies to:

1️⃣ Works to a party wall or structure – cutting in beams, underpinning, or raising shared walls.
2️⃣ Construction of new boundary walls – such as side or rear extensions.
3️⃣ Excavations near neighbouring buildings – where foundations are dug within 3 or 6 metres of adjoining structures.

The Act ensures both owners’ interests are protected through transparent procedures managed by qualified Party Wall Surveyors.

Why Party Wall Surveys Matter

A Party Wall Survey provides structure, accountability, and protection for all parties.
It ensures:

✅ Valid notices are served correctly.
✅ Schedules of condition are recorded before works start.
✅ Party Wall Awards are agreed to control how and when works proceed.
✅ Disputes are resolved quickly and professionally.

It’s not just about compliance, it’s about protecting programme, cost and relationships.

The Risks of Getting It Wrong

Overlooking Party Wall requirements can have major project consequences:

🚫 Programme delays — statutory notice periods of 1–2 months can push back start-on-site dates if not planned early.
⚖️ Legal injunctions — neighbours can halt works immediately if notices or Awards are missing.
💸 Cost exposure — without a formal Award or condition record, owners risk paying for pre-existing defects or inflated damage claims.
🏦 Funding & insurance risk — missing documentation can delay drawdowns or void insurance cover.
🤝 Reputational impact — poor neighbour relations or legal disputes can quickly escalate and damage client trust.

Acting for Existing Clients, Without Conflict

At Naismiths, we’re often appointed as Party Wall Surveyors for our existing clients, including developers and even funders. This raises a common question: does that create a conflict of interest?

✅ Under RICS guidance, it does not, provided the appointed surveyor acts impartially once a dispute arises.

Here’s how that distinction works:

• Before a dispute: we may serve notices or advise on procedure as part of our normal consultancy role.
• After a dispute (once surveyors are appointed): the Party Wall Surveyor’s duty is to the Act itself, not to the appointing owner.

Under Section 10(1) of the Act and RICS Party Wall Guidance, the surveyor’s role is quasi-judicial, they must act independently and without bias. This ensures that when Naismiths acts as a Party Wall Surveyor for existing clients or funders, there is no conflict of interest, only professional integrity. Our impartiality is what clients, and lenders, value most.

How Party Wall Matters Connect Across Our Services

At Naismiths and Edmond Shipway, our Party Wall expertise supports multiple disciplines across the property and construction lifecycle:

🏗️ Project Monitoring – early identification of Party Wall risk helps keep funder timelines and drawdowns secure.
💼 Restructuring & Advisory – unresolved Party Wall issues are flagged as part of technical due diligence.
🏠 Building Consultancy – managing notices, Awards, and conditions with fairness and transparency.
🧱 Project Management – integrating statutory notice periods into pre-construction programmes.
💷 Quantity Surveying – quantifying access, protection, and reinstatement costs for accurate cost planning.
⚙️ M&E Design – coordinating service penetrations and fixings through shared structures.
🌍 Sustainability Consultancy – ensuring retrofit and decarbonisation works near boundaries comply with the Act.

Final Thoughts

The Party Wall etc. Act 1996 underpins responsible, risk-aware development.
Handled correctly, it’s not a hurdle, it’s a safeguard for your programme, budget and professional reputation.

At Naismiths, our integrated, RICS-regulated approach combines technical insight, impartial governance, and commercial understanding, ensuring Party Wall matters are managed efficiently, transparently, and without conflict.

📩 If you’d like to discuss how our Building Consultancy team can support your next project, or review your Party Wall obligations, please get in touch.