The Party Wall etc. Act 1996 is designed to prevent and resolve disputes between neighbours when building works affect shared walls, structures, or boundaries. Importantly, this is a civil matter between property owners — local authorities are not directly involved in the process.
What Does the Act Cover?
You must comply with the Act if your planned works involve:
- Alterations or structural works to an existing party wall or structure
- Building a new wall on or astride a boundary line
- Excavating within 3 or 6 metres of neighbouring buildings, depending on depth
The Act does not apply to minor internal jobs such as:
- Fitting plugs or shelves
- Installing wiring or sockets
- Replastering
What Is a Party Wall?
A party wall or structure is any wall, floor, or boundary that separates two different properties. Examples include:
- The wall between terraced or semi-detached homes
- Floors or ceilings between flats
- Walls between adjoining commercial buildings
Only the section used by both properties is classed as a party wall under the Act. The remainder belongs to the owner of the land on which it stands.
Serving Notice — What You Must Do
If your works fall under the Act, you must give written notice to your neighbours:
- 2 months’ notice before starting works to a party wall or structure
- 1 month’s notice for new boundary walls (line of junction) or excavations
Where properties are leasehold or tenanted, notices must be served on both freeholders and leaseholders/occupiers. In the case of flats, this may mean notifying owners above, below, or alongside your property.
If Your Neighbour Agrees
If your neighbour consents in writing, you can proceed with the works. However, you will remain responsible for any damage caused.
If Your Neighbour Disagrees
If your neighbour does not consent (or fails to respond), the Act requires surveyors to be appointed:
- Both parties can agree on one impartial Agreed Surveyor, or
- Each party may appoint their own surveyor
The surveyor(s) will prepare a Party Wall Award — a legally binding document detailing how and when works are carried out, and recording the condition of the adjoining property beforehand.
Who Pays?
- Surveyor fees: Usually the Building Owner (the person carrying out the works) pays, though costs may be shared if the neighbour benefits from the works.
- Building works: These costs remain the Building Owner’s responsibility unless otherwise agreed.
Why It Matters
Serving a correct Party Wall Notice and following the Act ensures:
- Legal compliance
- Protection against disputes and claims
- Clear responsibilities for all parties involved
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