The Party Wall etc. Act 1996 sets out the legal framework for managing construction work involving shared walls, boundary walls, and excavations close to neighbouring properties. Because this legislation can be quite detailed and complex, Simple Survey aims to simplify the key points and explain how these procedures work in practice.
This Act was introduced to help prevent and resolve conflicts that may arise during building work that affects adjoining properties. Following the correct legal process is essential, as any failure to comply can lead to unnecessary delays, disputes, and extra costs.
Serving a Party Wall Notice
If you plan to carry out work on or near a party wall, boundary wall, or conduct excavations close to a neighbour’s property, you have a legal duty to notify the adjoining owner(s) in advance by serving a Party Wall Notice. This notice informs them about the nature and timing of the proposed work. The neighbour then has the option to either agree to the work or raise objections to some or all of the plans.
If the neighbour agrees, a Party Wall Agreement (also called a Party Wall Award) is reached. If they disagree, the property owner who plans to carry out the work is responsible for appointing and paying for Party Wall Surveyor(s) to help settle the matter.
Appointment of Party Wall Surveyors
When disagreements arise, the Act requires the appointment of Party Wall Surveyor(s) to oversee the process. Both parties can agree to appoint a single surveyor to act jointly, which can be more cost-effective. If agreement on one surveyor isn’t possible, each party appoints their own surveyor. If these surveyors cannot agree, a third surveyor may be appointed to make a final decision.
caused by the construction.
Party Wall Award or Agreement
After completing the Schedule of Condition, the surveyors negotiate the details of the Party Wall Award or Agreement. This legally binding document sets out the rights and responsibilities of both parties, including the scope of the work, timing, methods, and how any damage will be handled. The Award may also include drawings, method statements, financial security for expenses, and the Schedule of Condition itself.
Because the Act legally requires this agreement, Simple Survey recommends that anyone planning or involved in works covered by the Party Wall etc. Act 1996 seek the guidance of an experienced and trusted Party Wall Surveyor to ensure the process runs smoothly and all obligations are met.