The Party Wall etc. Act 1996 is designed to protect both property owners and their neighbours when construction work affects a shared wall, boundary structure, or nearby foundations. It applies across England and Wales and sets out clear rules to prevent disputes and safeguard adjoining owners.
Who Qualifies as an Adjoining Owner?
An adjoining owner is anyone with an interest in a neighbouring property that may be affected by the proposed works. This includes:
- Freeholders
- Leaseholders with agreements longer than one year
- Tenants (depending on their lease terms)
- Local authorities or management companies (in the case of flats and shared buildings)
Where multiple owners are affected (for example, in a block of flats), each adjoining owner must be notified.
What is a Party Wall?
A party wall is any wall or structure shared between two properties, most commonly found in:
- Terraced and semi-detached houses
- Flats and apartments with shared walls, floors, or ceilings
- Garden or boundary walls built on the dividing line between two properties
The Act recognises three main types:
- Type A Party Wall – standing on land belonging to two owners and forming part of a building.
- Type B Party Wall – positioned on one owner’s land but used to separate two properties (such as a garden wall).
- Party Structures – shared floors or ceilings in blocks of flats or converted houses.
Types of Work Covered by the Act
The Act applies when a building owner intends to:
- Cut into a shared wall (for example, to insert beams during a loft conversion).
- Raise, underpin, thicken, or demolish/rebuild a party wall.
- Build a new wall along or directly on the boundary line.
- Excavate near a neighbour’s foundations (within 3 or 6 metres, depending on depth).
If any of these works are planned, the building owner must serve a Party Wall Notice to all affected adjoining owners.
Party Wall Notice Requirements
Notices must normally be served:
- Two months in advance for party wall works.
- One month in advance for excavation or boundary wall works.
The notice should include:
- Full details of the proposed work.
- The planned start date.
- Any relevant plans or drawings.
- Information on how the work may affect the neighbouring property.
The adjoining owner then has 14 days to:
- Consent (allowing work to proceed).
- Dissent (leading to the appointment of a Party Wall Surveyor).
The Role of Party Wall Surveyors and Awards
If there is a dispute, one or more surveyors will be appointed to:
- Assess the potential impact of the works.
- Ensure the works comply with the Act.
- Draft a Party Wall Award setting out how the work should proceed, along with protective measures for the adjoining property.
The award will typically include:
- Work details and timeframes.
- Agreed methods of protection.
- Compensation provisions for any damage caused.
- A clear dispute resolution process.
The surveyor’s decision is legally binding, although either party may appeal within 14 days.
Rights and Responsibilities of Adjoining Owners
Adjoining owners are entitled to:
- Challenge proposed works and appoint a surveyor.
- Request modifications to ensure safety.
- Protection against unnecessary disturbance or damage.
- Compensation for proven losses or damage caused by the works.
However, adjoining owners cannot prevent works without valid reasons—the Act is designed to balance construction rights with neighbour protections.
Consequences of Ignoring the Act
If a building owner fails to serve notice or comply with the Act:
- The adjoining owner may obtain a court injunction to halt the works.
- The building owner could face liability for damages and legal costs.
Conclusion
The Party Wall etc. Act 1996 ensures construction projects proceed fairly while safeguarding the rights of adjoining owners. By following the proper legal process, both parties can avoid unnecessary disputes and maintain good neighbourly relations.
✅ Unsure about your rights or obligations as an adjoining owner?
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