The Party Wall etc. Act 1996 provides a legal framework for building works that may affect shared walls, boundary walls, or excavations near neighbouring properties. The purpose of the Act is to allow works to go ahead in a reasonable and considerate way, while protecting the rights of both property owners.
It applies to a wide range of projects, including extensions, loft conversions, basement excavations, and alterations to party walls. Because the legislation is detailed, it’s important to take advice from a qualified surveyor before starting any works.
What Is the Party Wall Act?
The Act sets out clear procedures for handling works that could impact a party wall, boundary wall, or adjoining structure. It requires a Party Wall Notice to be served by the Building Owner on the Adjoining Owner, formally notifying them of the proposed works.
Notices must be served ahead of time:
- Two months before works to a party wall or structure
- One month before excavation or construction of new boundary walls
If a neighbour consents, works can usually proceed. However, if they dissent—or fail to respond within 14 days—a dispute arises. At this point, one or more surveyors must be appointed to resolve matters and prepare a Party Wall Award.
Types of Party Wall Notices
There are three main notices under the Act:
- Party Structure Notice — for works to an existing party wall, such as inserting beams or removing a chimney breast (2 months’ notice required).
- Line of Junction Notice — for constructing a new wall on or up to the boundary line (1 month’s notice).
- Notice of Adjacent Excavation — for excavation near a neighbour’s foundations, usually within 3–6 metres (1 month’s notice).
Each type of work requires the appropriate notice, and in some cases multiple notices must be served.
What to Include in a Party Wall Notice
A valid notice should set out:
- The names and addresses of both owners
- The property where works are planned
- A clear description of the works
- The intended start date
- Information on whether special foundations are proposed
- Drawings or sections (especially for excavation works)
- An acknowledgement slip for the neighbour to consent or dissent
Failure to include the correct information can make a notice invalid and cause delays.
What Is a Party Wall Award?
If there is a dispute, surveyors are appointed to prepare a Party Wall Award (sometimes called a Party Wall Agreement). This legally binding document details:
- The nature and timing of the works
- Protective measures to safeguard neighbouring property
- Procedures for handling access and damage claims
- The allocation of costs (normally paid by the Building Owner)
Common Situations Where the Act Applies
- Cutting into or altering a party wall
- Raising, lowering, or demolishing a shared wall
- Removing a chimney breast on a party wall
- Underpinning or strengthening foundations
- Building a new wall along the boundary
- Excavating within 3 or 6 metres of a neighbouring structure
Minor works such as plastering or putting up shelves do not require notice.
Why the Act Matters
Following the Party Wall Act helps avoid costly disputes, ensures neighbours are properly informed, and provides a fair process for resolving disagreements. Surveyors act impartially to protect the rights of both owners and keep projects moving legally.
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