The Party Wall etc. Act 1996 sets out clear rules for construction works that may affect a shared wall, boundary, or nearby foundations. It applies throughout England and Wales and provides a framework to prevent disputes between neighbours while ensuring building owners can carry out their works fairly and legally.
Who is a Building Owner?
A Building Owner is any individual or organisation planning works that could impact:
- A shared (party) wall.
- A boundary or party fence wall.
- Excavations near a neighbouring property (within 3–6 metres, depending on depth).
What Counts as a Party Wall?
The Act recognises several types of structures as party walls, including:
- Walls dividing two properties and shared by both owners.
- Boundary walls sitting on the dividing line, even if used by one owner only.
- Floors and ceilings separating flats within the same building.
Duties of a Building Owner Under the Act
Types of Work That Require Notice
You must follow the Act if you plan to:
- Build a new wall on or along a boundary.
- Alter, extend, cut into, raise, underpin, or demolish/rebuild an existing party wall.
- Excavate within a set distance of your neighbour’s foundations.
Serving a Party Wall Notice
Before works begin, you must serve formal notice to all affected neighbours (known as Adjoining Owners).
A valid Party Wall Notice should include:
- Full details of the proposed works (including drawings if relevant).
- The intended start date (allowing the statutory notice period).
- Your name and address as the Building Owner.
- The Act’s legal basis for the works.
Notice periods:
- 2 months before party wall works.
- 1 month before excavation or boundary wall works.
Adjoining Owners’ Response Options
Once notice is served, neighbours can:
- Consent – allowing work to go ahead.
- Dissent – requiring surveyors to be appointed to draw up a Party Wall Award.
- Do nothing – after 14 days, this is treated as dissent, and a surveyor must be appointed.
The Party Wall Award
If there is a dispute, a surveyor (or surveyors) will prepare a legally binding Party Wall Award, which sets out:
- How and when the works should be carried out.
- Protective measures for the adjoining property.
- Access arrangements.
- Compensation for any damage caused.
- Allocation of costs.
Who Pays?
In most cases, the Building Owner is responsible for:
- Their own surveyor’s fees.
- The adjoining owner’s surveyor costs (unless the neighbour acts unreasonably).
- Repairing any damage caused by the works.
Access Rights
The Act allows reasonable access to neighbouring land/property if required for the works, provided proper notice is given.
Disputes and Appeals
If either party disagrees with the surveyor’s Award, they may appeal to the county court within 14 days.
Consequences of Ignoring the Act
If a Building Owner fails to serve notice or comply with the Act:
- Neighbours may obtain a court injunction to stop the works.
- The Building Owner could face claims for damages and legal costs.
Key Takeaways for Building Owners
✔ Always serve a valid Party Wall Notice before starting works.
✔ Respect your neighbour’s rights and communicate clearly.
✔ Appoint a Party Wall Surveyor if disputes arise.
✔ Follow the Act to avoid costly legal challenges.
📩 Need help preparing or serving a Party Wall Notice?
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