The Party Wall etc. Act 1996 is legislation that provides homeowners with the legal right to carry out certain works on or near a property boundary. It also sets out how neighbours must be notified and establishes a clear process for resolving any disputes.
The Act is designed to:
- Authorise specific types of work on party walls, party fence walls, and other boundary structures
- Provide a formal process for serving notice to neighbours
- Protect both parties from damage and disputes
- Allow reasonable access rights where necessary
The primary aim of the Act is to settle disagreements fairly, not to create them.
What Counts as a Party Wall?
A party wall is a structure separating two properties, such as the dividing wall in a terraced or semi-detached home. It also includes certain garden walls built on the boundary (excluding wooden fences).
The Act also applies to some excavations carried out near neighbouring buildings, depending on depth and proximity.
Does My Work Fall Under the Act?
You may need to comply if your project involves:
- Section 1: Building a new wall on or up to the boundary
- Section 2: Carrying out work on an existing party wall, floor, or structure
- Section 6: Excavating close to a neighbour’s building or structure
Minor works such as plastering, rewiring, or installing shelving are not covered.
Rule of Thumb: If your project could affect the structural integrity of a shared wall or cause damage, it is likely covered by the Act.
Responsibilities of Building Owners
If your works fall under the Act, you must:
- Serve written notice to all Adjoining Owners:
- At least 1 month before excavations or boundary wall works
- At least 2 months before works to a party wall or party fence wall
- Wait for a response:
- If your neighbour consents, work can begin once the notice period expires
- If they dissent or do not reply within 14 days, a dispute arises
At this stage, one or more Party Wall Surveyors must be appointed to prepare a Party Wall Award, which legally sets out how and when the works may proceed.
Responsibilities of Adjoining Owners
Upon receiving a Party Wall Notice, Adjoining Owners have 14 days to respond:
- Consent: The work proceeds without surveyors
- Dissent: Surveyors are appointed to resolve the dispute
If no response is provided:
- For new boundary walls (Section 1), work may proceed after the notice period
- For party wall works (Section 2) or excavations (Section 6), a dispute is automatically assumed, and surveyors will intervene
Who Pays the Fees?
Typically, the Building Owner is responsible for:
- The cost of the works
- Their own surveyor’s fees
- The Adjoining Owner’s surveyor’s fees (if appointed)
Costs may be shared if works address defects or repairs that benefit both properties.
Key Takeaway
The Party Wall etc. Act 1996 protects both Building Owners and Adjoining Owners, allowing property improvements to proceed while safeguarding neighbouring properties.
Expert Guidance from Simple Survey
At Simple Survey, we make Party Wall Notices and Awards straightforward, affordable, and stress-free. As one of the most cost-effective Party Wall surveyor services in the UK, our team provides clear guidance every step of the way.
📩 Contact us today: team@simplesurvey.co.uk