The Party Wall etc. Act 1996 applies to houses in England and Wales and is designed to protect the structural integrity of shared walls and neighbouring properties. It sets out when you must notify your neighbours, what agreements are needed, and how disputes should be resolved.
What Is a Party Wall?
A party wall is any wall or structure that sits directly on the boundary between two properties and is shared by both. Common examples include:
- The wall dividing terraced or semi-detached houses
- A garden wall built on the boundary line (known as a party fence wall)
- Floors or ceilings separating flats or apartments
Because these structures affect more than one property, special legal rules apply to building works that involve them.
Do I Need a Party Wall Agreement?
You will need a Party Wall Agreement (also called a Party Wall Award) if you plan to carry out any of the following works:
- Altering, cutting into, or rebuilding a shared party wall
- Excavating foundations within 3–6 metres of a neighbour’s building
- Constructing a new wall on or along the boundary line
- Loft conversions that cut into a party wall to support beams
- Inserting a damp proof course into a party wall
- Extending upwards to add another storey above a shared wall
Minor works like plastering, rewiring, or putting up shelves do not require a Party Wall Agreement.
What Is a Party Wall Notice?
Before works start, the Building Owner must serve a Party Wall Notice on any affected neighbours. This should:
- Be served at least 2 months before structural works, or 1 month before excavation or new boundary walls
- Set out details of the proposed works, timings, and any access requirements
- Be served on both freeholders and long-lease tenants where relevant
Neighbours then have 14 days to respond. If they consent, works can proceed. If they dissent (or fail to reply), a dispute is deemed to exist.
What If My Neighbour Refuses Consent?
If your neighbour refuses or does not reply:
- You can discuss concerns directly and agree changes in writing.
- Your neighbour may issue a counter notice with requests (such as restricted hours or additional protective measures).
- If no agreement is reached, one impartial Agreed Surveyor can be appointed, or each party can appoint their own surveyor.
The surveyor(s) will then prepare a Party Wall Award, which is legally binding and sets out how the works may proceed. If either party disagrees with the Award, it can be appealed in the County Court within 14 days.
Do I Always Need a Surveyor?
If your neighbour consents in writing to your Party Wall Notice, you may not need a surveyor. However, you are still legally responsible for repairing any damage caused by your works.
If your neighbour dissents, you will need a surveyor — usually at your cost. Where both owners agree to use a single impartial surveyor, costs are lower.
Key Takeaways
- Serve notice early — up to a year in advance.
- Refusal does not stop works; it triggers a surveyor-led process.
- A Party Wall Award gives legal clarity and protection for both parties.
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