Terms of Business
Last updated: 24 April 2026
In these Terms, the following definitions apply:
1.1 “We”, “Us”, “Our”, “the Company” means Party Wall Online Ltd, a company registered in England and Wales (registration number [INSERT COMPANY NUMBER]), whose registered office is at [INSERT REGISTERED ADDRESS].
1.2 “Client”, “You”, “Your” means the person, firm, or body corporate who instructs Us pursuant to these Terms, whether as a Building Owner, an Adjoining Owner, or both.
1.3 “Building Owner” has the meaning given in section 20 of the Party Wall etc. Act 1996 (“the Act”).
1.4 “Adjoining Owner” has the meaning given in section 20 of the Act.
1.5 “Consumer” means a Client who is an individual acting wholly or mainly outside the course of a business, trade, or profession, as defined in the Consumer Rights Act 2015.
1.6 “Business Client” means a Client who is not a Consumer.
1.7 “Surveyor” means any RICS-regulated, self-employed contractor engaged by Us to carry out surveying services on a specific matter. Each Surveyor is an independent contractor and not an employee or agent of the Company.
1.8 “Services” means the party wall surveying and related services described in clause 3 and in any quotation or engagement communication issued by Us.
1.9 “Award” means a Party Wall Award made pursuant to section 10 of the Act.
1.10 “Fees” means all sums payable by You under these Terms, including the deposit and any balance fees, as set out in Our quotation.
1.11 “Engagement Date” means the date on which You tick the acceptance checkbox on Our website and/or pay the deposit, whichever is earlier.
In these Terms, references to clauses are to clauses of these Terms; the singular includes the plural and vice versa; and headings are for convenience only and shall not affect interpretation.
2.1 A binding contract between You and Us comes into existence on the Engagement Date. These Terms, together with any written quotation or engagement letter issued by Us, constitute the entire agreement between the parties and supersede all prior representations, negotiations, and understandings.
2.2 No variation to these Terms shall be binding unless agreed in writing and signed by an authorised representative of the Company.
2.3 Any terms, conditions, or stipulations purported to be introduced by the Client (including those in any purchase order or engagement documentation issued by You) shall be of no effect unless expressly agreed in writing by Us.
2.4 You acknowledge that in entering into this contract You have not relied on any representation or warranty other than those expressly set out in these Terms or in Our written quotation.
Our standard Services include the following, where applicable to Your matter:
— Assessment of Your proposed works and determination of the applicable notice types under the Act;
— Preparation and service of party wall notices on all relevant Adjoining Owners;
— Monitoring of statutory response periods and liaison with Adjoining Owners and their appointed surveyors;
— Where required, preparation of a Schedule of Condition prior to the commencement of works;
— Preparation and service of a Party Wall Award;
— Ongoing case management and communications via Our client portal.
The following are not included within the standard fee and shall be agreed and charged separately:
— Site inspections (whether for Schedule of Condition or otherwise), unless expressly stated in Your quotation;
— Service of additional notices arising from a change in Your proposed works;
— Attendance at any dispute resolution proceedings or expert witness work;
— Dealing with unusually complex, contested, or litigated matters;
— Any work required as a direct result of inaccurate or incomplete information provided by You;
— Any matter involving a third surveyor appointed under section 10(1)(b) of the Act.
We will notify You of any additional fees before incurring them. We reserve the right to decline instruction on any matter We consider to be outside our standard service capability.
4.1 Each Surveyor appointed to Your matter is a self-employed, independent contractor. No Surveyor is an employee, worker, partner, or agent of the Company. Nothing in these Terms shall be construed as creating an employment relationship, a partnership, or a joint venture between the Company and any Surveyor.
4.2 All Surveyors engaged by Us hold current RICS membership (or equivalent qualifying professional membership) and are required to maintain their own professional indemnity insurance at a level appropriate to the services they provide. Details of a Surveyor’s professional membership and insurer are available upon reasonable written request.
4.3 The Company maintains its own professional indemnity insurance separately from that of each Surveyor. Our policy details are available upon written request.
4.4 The Company reserves the absolute right, at any time and without Client consent, to substitute the Surveyor assigned to Your matter with another suitably qualified and RICS-regulated contractor. We will notify You of any such substitution as soon as reasonably practicable. Substitution shall not affect the Fees or the continuity of Your matter.
4.5 Where a Surveyor acts in their statutory capacity under the Act (for example, as an agreed surveyor or as one of two appointed surveyors), they exercise that statutory role independently of the Company. Decisions made in the proper exercise of their statutory function are not the decisions of the Company and do not constitute instructions or representations by the Company.
4.6 The Company shall not be liable for any act, omission, negligence, fraud, or misconduct of a Surveyor carried out in their personal or statutory capacity, save where the Company is directly and independently negligent in the selection or supervision of that Surveyor.
5.1 All Fees are as set out in Our written quotation. Fees are quoted inclusive of VAT at the prevailing rate where applicable.
5.2 Your instruction is confirmed upon payment of the deposit stated in Your quotation. Payment of the deposit constitutes Your acceptance of these Terms.
5.3 Deposit (non-refundable): The deposit is non-refundable once We have commenced work on Your matter, which shall be deemed to occur upon service of the first notice or upon any preparatory work carried out on Your behalf, whichever is earlier. Where no work has been commenced, the deposit may be refunded at Our sole discretion.
5.4 Balance fee: The balance fee falls due and is payable upon the earlier of: (i) service of the Party Wall Award; (ii) receipt of written consent from all Adjoining Owners; or (iii) completion of the relevant statutory response period.
5.5 Payment shall be made by the method specified on Our invoice. Time for payment is of the essence.
5.6 Late payment — Business Clients: Where You are a Business Client, any sum not paid by the due date shall carry interest pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 at the statutory rate of 8% per annum above the Bank of England base rate, accruing daily from the due date until actual payment, whether before or after judgment. We also reserve the right to claim reasonable debt recovery costs.
5.7 Late payment — Consumers: Where You are a Consumer, any sum not paid within 14 days of the due date shall carry interest at the rate of 4% per annum above the Bank of England base rate, accruing daily from the due date until actual payment.
5.8 We reserve the right to suspend or terminate the Services (including ceasing to serve notices, prepare Awards, or correspond with any party) where any sum is outstanding. We shall not be liable for any loss, delay, or prejudice to Your matter arising from such suspension.
5.9 All Fees are exclusive of any third-party costs including, but not limited to, the fees of any Adjoining Owner’s separately appointed surveyor, which are a statutory obligation under the Act and beyond Our control.
In order for Us to perform the Services effectively, You agree to:
6.1 Provide Us with accurate, complete, and timely information concerning Your proposed works, the identity and addresses of all Adjoining Owners, the nature of the relevant boundary structures, and any other information We reasonably request;
6.2 Notify Us promptly — and in any event within 5 working days — of any change in circumstances that may affect Your matter, including any change to Your proposed works, any direct approach made to You by an Adjoining Owner, or any formal legal correspondence received;
6.3 Not communicate directly with any Adjoining Owner’s appointed surveyor in a way that could compromise the statutory process or any Award in preparation, without Our prior written consent;
6.4 Not commence, or permit others to commence, any notifiable works until the applicable statutory process has been completed and any required Award has been served;
6.5 Comply with all obligations imposed upon You as Building Owner under the Act;
6.6 Make all payments in accordance with clause 5;
6.7 Ensure that all persons who will carry out the notifiable works are made aware of, and comply with, any conditions contained in a Party Wall Award; and
6.8 Co-operate reasonably with Us and the appointed Surveyor, including providing access to Your property where required; and
6.9 Ensure that all details provided at the time of instruction — including descriptions of proposed works, property addresses, and the names and addresses of all Adjoining Owners — are accurate and complete before notices are served. It is the Building Owner’s sole responsibility to verify this information prior to instruction.
Reliance on Information Provided
6.10 Party Wall Online acts solely on the information provided by the Building Owner at the time of instruction. We accept no liability for errors in notices arising from incomplete, inaccurate, or misleading information supplied by the Client. It is the Building Owner’s responsibility to ensure all details — including works descriptions, property addresses, and neighbouring owner information — are correct before notices are served.
6.11 By instructing Party Wall Online, the Building Owner acknowledges and consents to Party Wall Online contacting the Adjoining Owner(s) named in the instruction to introduce our services and, where appropriate, to offer our appointment as Agreed Surveyor under section 10 of the Party Wall etc. Act 1996. Where the Adjoining Owner appoints Party Wall Online as Agreed Surveyor, our reasonable fees for acting in that capacity shall be met by the Building Owner in accordance with the Act.
7.1 Although the Company is instructed and paid by the Building Owner in the majority of instructions, all Surveyors are bound by the Act to act impartially in the performance of their statutory duties. This is a legal obligation which cannot be excluded or modified by these Terms or by any instruction of the Client.
7.2 Where a Surveyor acts as an Agreed Surveyor under section 10(1)(a) of the Act, they act for both the Building Owner and the Adjoining Owner equally. There is no additional charge to the Adjoining Owner for this appointment unless otherwise stated.
7.3 The duty of impartiality means that the Surveyor may reach conclusions or make Awards that do not accord with the Client’s preferred outcome. Such outcomes do not constitute a breach of these Terms or any failure of service by the Company.
7.4 The Company does not act as an advocate, agent, or legal representative for any party in proceedings under the Act. The Services are surveying services, not legal services. For legal advice You should consult a suitably qualified solicitor.
8.1 All timescales and response periods under the Act are statutory. We have no control over the actions, responses, or delays of Adjoining Owners or their appointed surveyors. We shall not be liable for any delay arising from the statutory process itself.
8.2 We will use reasonable endeavours to progress Your matter efficiently and will keep You informed of key dates via the client portal. Any timescales communicated are estimates only and are not contractual commitments.
8.3 We shall not be in breach of these Terms nor liable for any delay or failure to perform Our obligations to the extent that such delay or failure is caused by circumstances beyond Our reasonable control, including but not limited to: Acts of God; flood, fire, or natural disaster; epidemic or pandemic; failure of third-party systems or utilities; strikes or industrial action; regulatory intervention; or acts of any governmental or quasi-governmental authority (“Force Majeure Events”).
8.4 We shall notify You as soon as reasonably practicable of any Force Majeure Event and shall use reasonable endeavours to mitigate its effect. If a Force Majeure Event continues for more than 60 days, either party may terminate the contract on 14 days’ written notice, subject to payment for all Services performed to date.
9.1 All intellectual property rights in any notices, Awards, Schedules of Condition, reports, correspondence, and any other documents prepared by Us or by a Surveyor in connection with the Services (“Documents”) vest in and shall remain the property of the Company unless We expressly agree otherwise in writing.
9.2 Upon receipt of full payment of all Fees due, We grant You a non-exclusive, non-transferable, royalty-free licence to use the Documents solely for the purposes for which they were created (namely, the carrying out of and compliance with the notifiable works and the relevant statutory process).
9.3 You shall not reproduce, distribute, sell, publish, or otherwise use the Documents for any purpose other than as set out in clause 9.2 without Our prior written consent.
9.4 Any intellectual property rights in materials provided by You to Us for the purposes of the Services remain Your property, and You grant Us a licence to use them solely for the purpose of providing the Services.
10.1 Nothing in these Terms limits or excludes Our liability for: (i) death or personal injury caused by Our negligence; (ii) fraud or fraudulent misrepresentation; (iii) any breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982; or (iv) any other liability that cannot lawfully be excluded or limited.
10.2 Subject to clause 10.1, Our total aggregate liability to You — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — arising out of or in connection with these Terms or the Services shall in no circumstances exceed the total Fees actually paid by You to Us in respect of the specific matter to which the claim relates.
10.3 We shall not be liable, whether in contract, tort, or otherwise, for any of the following losses, even if foreseeable: (i) loss of profit, revenue, business, contracts, or anticipated savings; (ii) loss of goodwill or reputation; (iii) loss of data; (iv) indirect or consequential loss of any nature; (v) delay to, increased costs of, or inability to commence or complete building works, howsoever caused, where such delay arises from the statutory party wall process or from the actions of any Adjoining Owner or third party; or (vi) any loss arising from inaccurate, incomplete, or misleading information provided by You.
10.4 Contractor limitation: We shall not be liable for any act, omission, or negligence of an independent contractor Surveyor carried out in their personal or statutory capacity. Your sole recourse in respect of any such act or omission shall be against the Surveyor individually and/or their professional indemnity insurer.
10.5 Consumers: Where You are a Consumer, nothing in this clause 10 affects Your statutory rights under the Consumer Rights Act 2015 or any other applicable consumer protection legislation.
10.6 You agree to take all reasonable steps to mitigate any loss or damage You suffer in connection with the Services.
11.1 You shall indemnify, defend, and hold harmless the Company and each Surveyor from and against all losses, damages, claims, proceedings, costs (including reasonable legal costs), and expenses arising out of or in connection with: (i) any breach by You of these Terms; (ii) inaccurate, incomplete, or misleading information provided by You; (iii) any claim brought against Us or any Surveyor by an Adjoining Owner or third party arising directly from Your actions or omissions; or (iv) Your commencement of notifiable works without proper compliance with the statutory process.
11.2 The indemnity in clause 11.1 does not apply to the extent that any loss is caused by Our own negligence or wilful misconduct.
12.1 Termination by Us: We may terminate these Terms with immediate effect by written notice if: (i) You fail to pay any sum due under clause 5 within 14 days of the due date; (ii) You commit a material breach of any provision of these Terms and (where remediable) fail to remedy such breach within 14 days of written notice; (iii) You become insolvent, enter into administration, liquidation, receivership, or any composition with creditors; (iv) We reasonably consider that continuing the engagement would place Us or any Surveyor in breach of any professional, legal, or regulatory obligation; or (v) You act in a manner that is abusive, threatening, or harassing towards any member of Our team or any Surveyor.
12.2 Termination by You — Business Clients: You may terminate these Terms on 14 days’ written notice. You shall pay all Fees for Services performed up to and including the date of termination, plus a reasonable sum for any abortive work or third-party commitments made on Your behalf.
12.3 Termination by You — Consumers (Cooling-Off): Where You are a Consumer, You have the right to cancel this contract within 14 days of the Engagement Date (the “Cooling-Off Period”) under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, without giving any reason, by notifying Us clearly in writing (including by email to hello@partywallonline.co.uk) before the Cooling-Off Period expires.
12.4 Effect of termination: Termination shall not affect any rights, remedies, obligations, or liabilities accrued up to the date of termination. Clauses 1, 9, 10, 11, 12.4, 13, 14, 15, 16, and 17 shall survive termination.
13.1 Each party agrees to keep the other’s confidential information strictly confidential and not to disclose it to any third party, except: (i) with the other party’s prior written consent; (ii) as required by law, regulation, or any court or regulatory authority; or (iii) to the extent necessary for Us to perform the Services (including disclosure to the appointed Surveyor and any Adjoining Owner’s surveyor as part of the statutory process).
13.2 Confidentiality obligations do not apply to information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was already known to the receiving party at the time of disclosure; or (iii) is independently developed by the receiving party without use of the confidential information.
13.3 This clause shall survive termination of these Terms for a period of 3 years.
14.1 We process personal data in accordance with UK GDPR and the Data Protection Act 2018. We are a registered Data Controller.
14.2 We collect and process personal data (including names, addresses, contact details, and information relating to Your property and proposed works) for the purposes of providing the Services, administering Your account, and complying with Our legal and regulatory obligations.
14.3 We may share personal data with the appointed Surveyor; Adjoining Owners and their representatives, to the extent required by the Act; and Our technology sub-processors (including Stripe for payment processing and Resend for email delivery). We do not sell personal data.
14.4 By providing Us with personal data relating to third parties (including Adjoining Owners), You confirm that You have a lawful basis for sharing that information with Us and, where required, have notified those individuals that their data will be processed in connection with the party wall process.
14.5 Full details of how We process personal data, including Your rights as a data subject, are set out in Our Privacy Policy at partywallonline.co.uk/privacy.
15.1 If You are dissatisfied with Our service, please contact Us in the first instance at hello@partywallonline.co.uk, setting out the nature of Your complaint in writing.
15.2 We will acknowledge Your complaint within 2 working days and provide a substantive written response within 14 working days.
15.3 If Your complaint is not resolved to Your satisfaction, You may refer it to the RICS Dispute Resolution Service in accordance with the RICS Rules of Conduct. Details are available at www.rics.org/drs.
15.4 Where You are a Consumer, You may also have the right to refer unresolved complaints to an alternative dispute resolution (ADR) provider. We will notify You of the applicable scheme on request.
15.5 The existence of a complaints procedure shall not affect Your statutory rights.
16.1 In the event of any dispute arising out of or in connection with these Terms or the Services, the parties shall first attempt to resolve it through good faith negotiation within 20 working days of one party notifying the other in writing of the dispute.
16.2 If the dispute is not resolved through negotiation, either party may refer it to the RICS Dispute Resolution Service for adjudication, expert determination, or arbitration (as appropriate), in accordance with the RICS DRS rules in force at the time of referral.
16.3 Nothing in this clause prevents either party from seeking urgent injunctive or interim relief from the courts of England and Wales where necessary to protect their legal rights.
16.4 For Consumer Clients, this clause does not limit Your right to commence proceedings in a court of competent jurisdiction.
17.1 Governing law: These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales.
17.2 Jurisdiction: Subject to clause 16, the parties submit to the exclusive jurisdiction of the courts of England and Wales.
17.3 Entire agreement: These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, understandings, and representations.
17.4 Severance: If any provision of these Terms is found to be invalid, unlawful, or unenforceable, such provision shall be deemed severed and the remaining provisions shall continue in full force and effect.
17.5 Waiver: No failure or delay by either party in exercising any right or remedy shall constitute a waiver of that or any other right or remedy. A waiver in one instance shall not be deemed a waiver in any subsequent instance.
17.6 Assignment: You may not assign, transfer, charge, or sub-contract any of Your rights or obligations under these Terms without Our prior written consent. We may assign or transfer Our obligations at any time, provided that the standard of service to You is not materially diminished.
17.7 Notices: All notices under these Terms shall be in writing and delivered by email (with read receipt or acknowledgement) or by first-class post to the address of the relevant party as set out in the engagement correspondence. Notices sent by first-class post shall be deemed received on the second business day after posting.
17.8 Third parties: Nothing in these Terms confers any benefit on, or is enforceable by, any person other than the parties to it. The Contracts (Rights of Third Parties) Act 1999 is excluded in its entirety.
17.9 Anti-bribery: Each party shall comply with all applicable laws relating to anti-bribery and anti-corruption, including the Bribery Act 2010.
17.10 Modern Slavery: We are committed to combating modern slavery and human trafficking. Our Modern Slavery Policy is available at partywallonline.co.uk/modern-slavery.
Party Wall Online Ltd
Registered in England & Wales
Company Number: [INSERT]
Registered Office: 20 Wenlock Road, London, N1 7GU
Email: hello@partywallonline.co.uk
Website: partywallonline.co.uk
RICS Regulated · All surveyors independently RICS-qualified