The Party Wall etc. Act 1996, which came into effect on July 1, 1997, is now an established part of English law. It defines the rights and responsibilities that anyone planning construction work involving party walls or related structures must follow.
It’s important to note that the Party Wall Act is completely separate from any requirements for Planning Permission or Building Regulation approvals needed for construction.
The Act covers more than just work on a traditional party wall. It also applies to:
- Building a new wall that belongs to a single property but sits right on the boundary between two or more properties.
- Walls shared by two or more properties, including cases where one neighbour built a structure adjoining an existing wall.
- Erecting a new garden wall built on or astride the boundary line that divides properties but isn’t part of a building.
- Work on floors or ceilings separating flats owned by different people.
- Excavations close to neighbouring or shared structures.
When Is Notice Required?
The core idea of the Party Wall Act is that any work that might affect the strength or support of a party wall, cause damage to a neighbour’s property, or inconvenience those living nearby must be formally notified.
Typical examples of such work include:
- Cutting into a wall, such as to insert a damp proof course or install a beam.
- Demolishing and rebuilding a party wall.
- Raising the full height of a party wall or removing projections like chimney breasts.
- Excavating or laying foundations for new buildings or structures within 3 metres of a neighbour’s building, if digging goes deeper than their foundations.
- Excavating or laying foundations within 6 metres of a neighbouring building, where the excavation cuts into an imaginary plane sloping downwards at 45 degrees from the bottom of the neighbour’s foundations.
- Installing flashing into the side wall of an adjoining property.
For official government guidance, you can refer to their overview, but if you’re unsure, consulting a Chartered Surveyor experienced in party wall matters is highly recommended.
Serving a Party Wall Notice
The building owner must provide a written notice to adjoining property owners detailing the planned work. This notice must be served at least two months before starting work that directly affects a party structure, and at least one month ahead for excavation near boundaries or new boundary walls.
Work cannot begin until all neighbours have either given written consent or surveyors have been appointed to resolve any disputes through a Party Wall Award.
Once an agreement is in place, all work must strictly follow the terms of the notice. Keeping thorough records of all party wall documents is important, as future property owners may want proof that the work complied with Party Wall legislation.
Maintaining good communication with neighbours throughout the process is advised to help keep relations positive. Even when a formal notice is required, having an informal conversation beforehand to discuss plans and consider neighbours’ concerns can be beneficial and may help avoid conflicts.