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
- Section 1 (New wall on the line of junction): Building a new wall or fence on the boundary between two properties
- Section 2 (Work to an existing party wall): Carrying out work to a wall shared between two properties, including:
- 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
- The building owner must serve a written notice on the adjoining owner
- at least 1 month before starting work (Section 1) or 2 months before starting work (Section 2 and Section 6)
- The notice must describe the proposed work and the date it is intended to begin
- The adjoining owner must respond within 14 days:
The Surveyor Process
If a dispute arises
- Each party appoints a party wall surveyor (they may appoint an agreed surveyor to act for both)
- The surveyors inspect the properties and prepare a Party Wall Award
- The Award sets out:
- 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
- The building owner has the right to carry out the specified work, subject to the conditions in the Award
- The building owner must compensate the adjoining owner for any damage caused by the work
- The adjoining owner must allow access for the work where necessary
- Either party may appeal the Award to the County Court within 14 days
Practical Compliance Tips
- Serve party wall notices as early as possible; the statutory periods (1 or 2 months) can delay the start of construction
- Engage a party wall surveyor early if you anticipate that the adjoining owner will dissent
- 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
- The Party Wall Act does not require planning permission or Building Regulations approval; it is a separate process
- Even if the adjoining owner consents, a written record (letter of consent) should be obtained
- The Act applies in England and Wales; Scotland has separate legislation (the Tenements (Scotland) Act 2004 for shared walls)
- 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