Formal compliance is the only option for projects where at least one of the parties is a commercial entity. Correctly undertaken, it leaves no room for doubt as to whether the Act has been complied with. For purely residential projects, although it can be costly, it can avoid the possibility of receipt of an injunction to stop the work.
Informal compliance can be used for residential projects, but not for building on or at a boundary, or excavations.
Whichever choice is made, it is a good idea to have all the construction information in hand before the approach is made, including Building Regulations Approval.
Formally
Firstly, a notice should be issued to all the neighbours affected by your work, outlining the works you intend to do.
This can be a DIY task, but sufficient knowledge is needed to do this, so that the notice is considered 'valid' under the Act. Your architect, or other professional, or builder, could suggest what you have to do, and may do it for you. A Party Wall Surveyor can advise, and would be a good starting choice, as you have to nominate one in the notice - it should be noted that at this point the Surveyor would be your agent, and you would pay the fee for this work separately (full professional liability attaches to this work).
If the neighbour(s) consents, then the work can start after the condition survey of their property is recorded.
This survey should record the visual condition of the shared wall, floor and ceiling, to the first window in the front and back walls, or closest building, internally and externally. It should include notes of anything attached to the building, such as shelves and cupboards, kitchen units and appliances, bathroom units and plumbing, electrical fittings, and any special possessions that cannot be relocated. The notes should include diagrams, and photographs, as well as adequate descriptions. The neighbour should be asked to agree the record in writing. Once this is done the work can start.
Once the work is completed, a follow-up survey should be done, with the neighbour, to check that nothing has happened to the building, or recorded contents. If it has, then you should agree with your neighbour to either make good the damage, or to pay compensation.
If the neighbour does not consent, or respond, then Party Wall Surveyor(s) have to be appointed. From this point on, the Party Wall Surveyor(s) have the responsibility to complete the process. Neither you nor your neighbour(s) can instruct or direct the Surveyor(s) or interfere in the process.
Party Wall Procedure Flow Chart
Informally
Firstly, you should let your neighbour(s) know what you are proposing.
If the response is favourable, you should get your neighbour(s) to agree to your proposals in writing. The work can start after the condition survey of their property is recorded, as before.
The written agreement should follow the same pattern as an Award, and include considerations of the same issues.
If the response is unfavourable, then the procedure outlined in the Act must be followed.
