Party Wall Act 1996: When It Applies and What to Do

What This Requirement Covers

The Party Wall etc. Act 1996 provides a framework for resolving disputes between neighbouring owners when building work affects a shared wall, boundary, or is carried out near adjoining properties. The Act requires the building owner to give notice of certain works and provides a process for resolving any disputes that arise.

Key Requirements

When the Act Applies

The Party Wall Act applies in three situations

1. Section 1 (New wall on the line of junction): Building a new wall or fence on the boundary between two properties
2. Section 2 (Work to an existing party wall): Carrying out work to a wall shared between two properties, including:

- Cutting into the wall to insert a beam - Raising or lowering the wall - Demolishing and rebuilding the wall - Underpinning the wall - Making good, repairing, or weatherproofing the wall

1. Section 6 (Excavation near neighbouring buildings): Excavating within 3 metres of a neighbouring building where the excavation will go below the level of the neighbour's foundations; or within 6 metres where the excavation will cut a line drawn at 45 degrees downward from the bottom of the neighbour's foundation

The Notice Process

1. The building owner must serve a written notice on the adjoining owner
2. at least 1 month before starting work (Section 1) or 2 months before starting work (Section 2 and Section 6)
3. The notice must describe the proposed work and the date it is intended to begin
4. The adjoining owner must respond within 14 days:

- Consent: The work may proceed without further formality - Dissent: A dispute is deemed to have arisen, and the party wall surveyor process begins - No response: A dispute is deemed to have arisen after 14 days

The Surveyor Process

If a dispute arises

1. Each party appoints a party wall surveyor (they may appoint an agreed surveyor to act for both)
2. The surveyors inspect the properties and prepare a Party Wall Award
3. The Award sets out:

- The work that may be carried out - The manner and timing of the work - Any conditions (e.g., protection of the neighbour's property) - A schedule of condition recording the current state of the adjoining property (to identify any damage caused by the work)

1. The cost of the building owner's surveyor is borne by the building owner; the cost of the adjoining owner's surveyor is typically also borne by the building owner

Rights and Obligations

1. The building owner has the right to carry out the specified work, subject to the conditions in the Award
2. The building owner must compensate the adjoining owner for any damage caused by the work
3. The adjoining owner must allow access for the work where necessary
4. Either party may appeal the Award to the County Court within 14 days

Practical Compliance Tips

1. Serve party wall notices as early as possible; the statutory periods (1 or 2 months) can delay the start of construction
2. Engage a party wall surveyor early if you anticipate that the adjoining owner will dissent
3. A schedule of condition of the neighbour's property is essential evidence in case of a later damage claim; ensure it is thorough and includes photographs
4. The Party Wall Act does not require planning permission or Building Regulations approval; it is a separate process
5. Even if the adjoining owner consents, a written record (letter of consent) should be obtained
6. The Act applies in England and Wales; Scotland has separate legislation (the Tenements (Scotland) Act 2004 for shared walls)
7. Do not proceed with notifiable work without serving notice; doing so is a breach of the Act and the adjoining owner can seek an injunction