In July 1997, the UK Government introduced the Party Wall etc. Act 1996, which applies across England and Wales. The legislation is designed to protect the rights of neighbours while providing a legal framework for building works that may affect adjoining properties. The Act ensures construction projects can proceed safely while minimising disruption to neighbouring owners.
What the Act Covers
The Party Wall Act applies to building works such as:
- Alterations to an existing shared wall, floor, or ceiling structure.
- Building on or up to the boundary of a neighbouring property.
- Excavating near an adjoining building, particularly where foundations may be affected.
Failure to comply can render works unlawful, so it is always recommended to seek advice from a qualified Party Wall Surveyor.
Key Stages in the Party Wall Process
There are three main stages under the Act:
- Serving Party Wall Notices – Notifying neighbours of proposed works.
- Party Wall Notice Dissent – This means the Act is then administered.
- Party Wall Award – A legally binding document detailing how works will proceed.
Serving Notices
Purpose of Notices
Notices inform affected neighbours about the works and allow them to consider their options. They must be served in writing and include:
- The names of the owners undertaking the work.
- A clear description of the proposed works.
- Plans or drawings where applicable, to ensure the neighbour understands the proposal.
Notice Periods
- Two months’ notice for works affecting party walls or party structures.
- One month’s notice for certain excavations or new boundary walls.
Types of Notices
- Section 1 – Line of Junction Notice: For constructing a new wall along a boundary line. Typical examples include rear or side extensions. Notice period: 1 month.
- Section 3 – Party Structure Notice: For works on existing party walls, floors, or partitions. Examples include loft extensions with inserted beams or raising/reducing wall height. Notice period: 2 months.
- Section 6 – Excavation Notice: For excavations within 3 metres of an adjoining building or deeper than the foundations. Notice period: 1 month.
Responding to Notices
Adjoining Owners have 14 days to respond to a Party Wall Notice. If no response is received, a deemed dispute is triggered automatically.
Options for Adjoining Owners:
- Consent – Agree to the works in writing; no surveyor is involved.
- Dissent with an Agreed Surveyor – Both parties agree to appoint a single impartial surveyor.
- Dissent and Appoint Own Surveyor – Each party appoints their own surveyor. Reasonable fees for the Adjoining Owner’s surveyor are normally covered by the Building Owner.
If no response is received after 14 days, a reminder is sent for 10 days. If there is still no reply, a surveyor may be appointed on the Adjoining Owner’s behalf to progress the statutory process.
Party Wall Surveyors
Party Wall Surveyors act impartially and help resolve disputes between owners. Their responsibilities include:
- Ensuring works comply with the Act.
- Minimising disruption to neighbours.
- Drafting a Party Wall Award when disputes arise.
Types of Surveyors
- Building Owner’s Surveyor – Appointed by the owner carrying out the works.
- Adjoining Owner’s Surveyor – Appointed by the neighbour affected by the works.
- Agreed Surveyor – Appointed jointly by both parties.
Party Wall Award
A Party Wall Award is a legally binding document prepared by the surveyor(s) to protect all parties. It covers:
- How the works should be conducted, including protective measures.
- Working hours and access arrangements.
- Costs, compensation, and any incidental matters.
- Surveyor access for inspections during construction.
Once served on all parties, the Award resolves the dispute and allows works to proceed lawfully.
📩 Need help with a Party Wall Notice or Award?
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