If you’re planning construction works that fall within the scope of the Party Wall etc. Act 1996, you are legally required to notify your neighbours before works begin.
The notice period depends on the type of work being undertaken:
- One month’s notice for new boundary walls or adjacent excavations.
- Two months’ notice for works directly affecting an existing party wall or structure.
This statutory notice must be served before works can commence. For more complex projects, the process of reaching a Party Wall Award may take longer, so it’s best to plan ahead.
Who is an Adjoining Owner?
An Adjoining Owner includes anyone with an interest in the neighbouring property, such as a freeholder, or a leaseholder with a tenancy exceeding 12 months.
Good Practice Before Serving Notice
While not a legal requirement, it’s recommended that you speak with your neighbour informally before serving notice. Explaining your plans and timescales can help avoid misunderstandings and reduce the risk of disputes.
Consent or Dissent
Once a Party Wall Notice has been served, your neighbour has 14 days to either:
- Consent to the works, allowing them to proceed without surveyor involvement, or
- Dissent to the works, which triggers the formal party wall process.
If they dissent, they can either:
- Appoint their own surveyor, or
- Agree to use the same surveyor as you (known as an Agreed Surveyor), who must act impartially under the Act.
Party Wall Awards
If surveyors are appointed, they will prepare a Party Wall Award. This legally binding document sets out:
- The details of the works.
- Protective measures for both properties.
- Working hours and access rights.
- A schedule of condition of the adjoining property.
Once the Award has been agreed and served, works can usually commence after a statutory 14-day appeal period (not four weeks, as sometimes mistakenly assumed).
Costs and Responsibilities
As the Building Owner, you are responsible for:
- Your own surveyor’s fees.
- The reasonable fees of your neighbour’s surveyor (if they appoint one).
This reflects the principle that the person benefiting from the works bears the associated costs.
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