If you’re planning building works that affect a shared boundary, understanding the Party Wall etc. Act 1996 is essential. This legislation sets out the rights and responsibilities of both the property owner carrying out the works (the building owner) and the neighbouring owner (the adjoining owner).
Below, we break down the key terminology, procedures, and legal protections you need to know.
Key Terminology
- Building Owner – The person planning construction works that may affect a party wall or boundary line.
- Adjoining Owner – The neighbour who shares the boundary and could be impacted by the works.
Under the Act, the building owner must serve a party wall notice on the adjoining owner at least one or two months before work begins. This notice triggers the legal protections and procedures set out by the Act.
Types of Work Covered by the Party Wall Act
The Act applies to three main categories of building work:
- Building New Walls at or Across a Boundary
For example, constructing a new wall as part of a home extension that sits directly on the boundary line. - Works to an Existing Party Wall
This includes structural changes such as loft conversions, damp-proofing, or alterations that directly affect the shared wall between properties. - Excavations Close to a Neighbouring Property
Any excavation within 3 or 6 metres of an adjoining property that could affect its foundations is covered. Common examples include digging for extensions, garden rooms, or garden offices.
Purpose of the Party Wall Act
The Party Wall etc. Act 1996 provides a legal framework to:
- Protect adjoining owners beyond common law rights.
- Prevent unnecessary disputes.
- Ensure building works are carried out safely and fairly.
The Party Wall Notice Process
When works fall under the Act, the building owner must serve a written party wall notice. The adjoining owner can respond in one of three ways:
- Consent – Agreeing to the works without formal procedures.
- Dissent and Appoint Their Own Surveyor – Protecting their interests through an independent party wall surveyor (fees usually paid by the building owner).
- Dissent and Use an Agreed Surveyor – Both parties jointly appoint a single surveyor to oversee the process, often the most cost-effective solution.
Additional Procedures
Party wall procedures may also include:
- Service of Party Wall Notice – Formal written notification.
- Party Wall Award – A binding document outlining how the works will be carried out.
- Method and Access Statements – Details on construction methods and access arrangements.
Why You Should Seek Professional Help
Party wall procedures can be complex, especially for major projects. A qualified party wall surveyor can guide you through the legal requirements, protect your rights, and reduce the risk of costly disputes.
✅ Need expert help with party wall procedures?
Our team of experienced surveyors is here to simplify the process, protect your interests, and ensure your project runs smoothly.
📩 Contact us today at team@simplesurvey.co.uk for friendly, professional advice.