What Is a Party Wall?
A party wall is a wall shared between two properties—such as a dividing wall between semi-detached houses. It could also be part of a floor or structure separating two buildings, like in a block of flats.
It’s important to note that a party wall agreement is different from planning permission or building regulations.
What Work Is Covered by the Party Wall Act?
Under the Party Wall Act of 1996, if you plan to carry out work on a wall or structure shared with a neighbour, you need to notify them before starting. This includes work on the kitchen wall or reducing the height of the garden wall.
Do You Need Permission from Your Neighbour?
If you’re working on a shared boundary or wall, or on an existing party wall or structure, you must notify your neighbour before starting any work. This also applies if you’re planning to dig near or below the foundation of the shared wall.
What Happens Next?
Once notice has been given to the neighbours (current and prospective), they have a certain period to respond. In general, there’s a two-month notice period for work on an existing wall or structure, while one month’s notice is required for building a new wall.
Written Consent Is Key
Oral consent isn’t sufficient under the Party Wall Act. Consent must be given in writing.
What Should Be Included in the Notice?
The notice should include the following:
- The names of the property owners, including joint owners
- The address of the property
- A full description of the work to be carried out (with diagrams, if needed)
- The date when they plan to start the work (this can’t be before the two-month notice period ends)
Once the notice has been served, there’s a 14-day period for the neighbour to respond. If they agree in writing, work can proceed. If there’s a refusal or no response, a dispute resolution process kicks in, and further steps will need to be taken.
Disputes and Surveyors
In case of a dispute, either party can appoint a surveyor (or agree on one). If two surveyors can’t agree on a solution, they’ll appoint a third to help resolve the issue. Once that happens, the work can go ahead.
Final Thoughts
As you can see, the Party Wall Act is quite detailed and can be tricky to navigate, especially if you’re not sure what constitutes a “party wall.” That’s why it’s always a good idea to talk things through with your neighbours early on to prevent disputes down the line.
If you’re ever in doubt or if a dispute arises, it’s essential to get legal advice. This way, you can be sure of your rights and obligations before proceeding with any work. I’ll be linking some helpful resources below for more information.