If you’re planning an extension, loft conversion or structural alterations to your property, you may have come across the Party Wall etc. Act 1996.
The Act sets out a process that must be followed for certain types of building work that could affect a neighbouring property. This can include work directly to a shared wall, building on or close to a boundary and excavating near a neighbouring building.
Understanding whether the Party Wall Act applies before work begins can help you avoid disputes, delays and additional costs later in the project.
In this guide, we explain what the Party Wall Act 1996 is, which building works it covers and what property owners need to do before getting started.
What is the Party Wall etc. Act 1996?
The Party Wall etc. Act 1996 provides a legal framework for preventing and resolving disputes between property owners relating to party walls, boundary walls and certain excavations near neighbouring buildings.
The Act applies throughout England and Wales. It does not apply in Scotland or Northern Ireland.
If you’re the owner proposing the building work, you’re referred to under the Act as the Building Owner. The owner of a property that could be affected is known as the Adjoining Owner.
Where proposed work falls within the scope of the Act, the Building Owner must notify the relevant Adjoining Owner or Owners before the work begins.
Importantly, the Party Wall process is separate from planning permission and Building Regulations. Receiving planning permission does not remove your responsibilities under the Party Wall Act.
What Building Work is Covered by the Party Wall Act 1996?
Not every home improvement or construction project requires a Party Wall Notice.
However, the Act can apply to several common types of building work.
Work to an Existing Party Wall
A party wall is typically a wall shared by two properties.
Certain structural alterations to that wall can fall within the Act, including:
- Cutting into a party wall
- Removing chimney breasts
- Increasing the height of a party wall
- Making a party wall thicker or deeper
- Demolishing and rebuilding a party wall
- Cutting into the wall to insert structural beams
This means projects such as loft conversions can frequently involve Party Wall considerations where structural steelwork or other alterations affect a shared wall.
Building on or Near the Boundary
The Act also covers certain works at the boundary – known within the legislation as the line of junction – between two properties.
For example, you may need to serve notice if you’re proposing to construct a new wall at the boundary as part of an extension.
If you want to build a new party wall astride the boundary, you will need your neighbour’s written consent to do so. If consent isn’t provided, you may still be able to build the wall entirely on your own land, subject to the relevant requirements.
Excavating Near a Neighbouring Property
Party Wall requirements aren’t limited to shared walls.
Excavation for new foundations can also fall within the Act where it takes place close to a neighbouring building and extends below the level of its foundations.
The Act includes provisions covering excavations within three metres and, in certain circumstances, six metres of neighbouring structures.
This is particularly relevant to extensions and other projects requiring new or deeper foundations.
Do I Need a Party Wall Agreement?
This is one of the most common questions surrounding the Party Wall Act.
Strictly speaking, the legislation doesn’t simply require every project to have a document called a “Party Wall Agreement”.
Instead, where your proposed works fall within the Act, the first step is normally to serve the appropriate Party Wall Notice.
Your neighbour can then respond to the proposed works.
If they provide written consent to a valid notice, the work can generally proceed in accordance with that consent without surveyors needing to be appointed under the dispute resolution procedure.
If they dissent or, for certain notices, don’t respond within the required 14-day period, a dispute is deemed to have arisen under the Act. The statutory surveyor process can then be used to resolve the matter.
What is a Party Wall Notice?
A Party Wall Notice formally informs an Adjoining Owner about proposed work that falls within the scope of the Act.
The type of notice and the amount of notice required depend on the work you’re carrying out.
As a general guide:
- Party Structure Notice – normally at least two months before work begins
- Line of Junction Notice – normally at least one month before work begins
- Notice of Adjacent Excavation – normally at least one month before work begins
Notices are generally only valid for one year, so they shouldn’t be served too far in advance of the planned works.
Getting the notice right is important. An incorrect or invalid notice can create problems later in the process.
What Happens After a Party Wall Notice is Served?
Once the appropriate notice has been served, what happens next depends on the Adjoining Owner’s response.
They may provide written consent to the proposed works.
Alternatively, they may dissent from the notice. For Party Structure and excavation notices, failing to respond within 14 days can also result in a dispute being deemed to have arisen under the Act.
At this point, the parties can appoint:
- One Agreed Surveyor acting impartially for both owners; or
- A separate surveyor for each owner.
The surveyor or surveyors then follow the dispute resolution procedure set out within the Act.
What is a Party Wall Award?
Where surveyors are appointed following a dispute under the Act, the process will typically result in a Party Wall Award.
The Award is a legal document setting out how the relevant works can proceed.
Depending on the project, it can address matters such as:
- The work being undertaken
- How the work should be carried out
- Working hours or access arrangements where relevant
- Measures required to protect the adjoining property
- Responsibilities for making good damage
- Other practical requirements associated with the works
A Schedule of Condition of the neighbouring property will also commonly be prepared before construction begins.
This records the property’s existing condition and can provide important evidence if concerns about damage arise during or after the work.
Can My Neighbour Refuse Party Wall Works?
Your neighbour cannot necessarily prevent you from carrying out lawful works simply because they don’t want the project to go ahead.
However, they do have rights under the Party Wall Act.
If they dissent from works covered by the Act, the statutory dispute resolution process allows surveyors to determine how those works should proceed.
An Adjoining Owner may also be entitled to request reasonable measures to protect their property and to have damage resulting from relevant works made good.
The purpose of the Act is therefore not simply to stop construction. It provides a framework through which certain building works can proceed while protecting the interests of neighbouring owners.
What Happens if You Don’t Follow the Party Wall Act?
Ignoring Party Wall requirements can expose a Building Owner to unnecessary risk.
The Act itself does not contain a simple fine for failing to serve a required notice. However, that doesn’t mean you can safely ignore the process.
If work begins without the required notice, an Adjoining Owner may seek legal remedies, including applying to the court for an injunction to stop the work.
Proceeding without properly documenting the neighbouring property’s existing condition can also make disputes about subsequent damage more difficult to resolve.
For this reason, Party Wall requirements should ideally be considered during the planning stages of a project rather than immediately before construction is due to begin.
Do I Need a Party Wall Surveyor?
You don’t automatically need to appoint a Party Wall Surveyor simply because your work falls within the Act.
Where the appropriate notice is served and your neighbour provides written consent, the project may be able to proceed without surveyors being appointed under the Act.
However, professional advice can be valuable before notices are served, particularly where the proposed work is complex or you’re unsure whether the Act applies.
If a dispute arises under the Act, an Agreed Surveyor or separate surveyors can be appointed to resolve the relevant Party Wall matters.
A surveyor can also help with:
- Reviewing proposed building works
- Identifying which Party Wall requirements apply
- Preparing and serving notices
- Preparing Schedules of Condition
- Reviewing construction drawings and methods
- Agreeing Party Wall Awards
- Advising Building and Adjoining Owners throughout the process
Party Wall Surveyor Services from PM+
Party Wall matters can become unnecessarily complicated when they’re considered too late in a construction project.
PM+ provides professional Party Wall Surveyor services for homeowners, landlords, property developers, commercial property owners and housing providers.
Whether you’re planning building work or have received a Party Wall Notice from a neighbour, our surveyors can provide practical advice and support throughout the process.
From initial advice and Party Wall Notices through to Schedules of Condition and Party Wall Awards, we can help ensure the correct process is followed and keep your project moving.
Planning building works or dealing with a Party Wall Notice? Speak to PM+ about our Party Wall Surveyor services.
