What is a Party Wall?
A party wall is any structure shared by neighbouring properties — for example, the dividing wall in semi-detached or terraced houses, or the floors and ceilings between flats. When construction or renovation work is planned that could affect these shared structures, the Party Wall Etc. Act 1996 sets out the rules to follow.
Understanding the Party Wall Act
The Act is a legal framework in England and Wales designed to protect both property owners when building work is proposed near shared walls, boundaries, or foundations. It applies to a range of projects, including:
- Extensions requiring new foundations.
- Alterations to shared walls in semi-detached or terraced homes.
- Loft conversions that impact party walls.
- Basement construction or deep excavations near neighbouring structures.
Its main purpose is to prevent disputes by clearly defining rights and responsibilities, ensuring fair notice, and reducing risks of structural damage or access issues.
When Does the Act Apply?
The Party Wall Act generally covers three main types of work:
1. Building New Walls on the Boundary
- A wall built up to the boundary line (but not over it) is known as a “1(5) wall” and does not require your neighbour’s consent.
- A wall built astride the boundary line (shared equally by both properties) is called a “1(2) wall” and requires written agreement from the adjoining owner.
2. Alterations to an Existing Party Wall
This covers works such as:
- Raising or rebuilding a party wall.
- Cutting into the wall to insert beams for loft conversions.
- Strengthening or underpinning a wall for a basement.
- Removing or partially demolishing a party wall.
3. Excavations Near a Neighbouring Property
If you dig foundations within 3 metres of your neighbour’s structure and deeper than their existing foundations, you must serve notice. In older properties with shallow foundations, even relatively small excavations often fall under the Act.
The Party Wall Process – Step by Step
- Notice Served – The building owner must serve a formal notice (usually through a surveyor) at least 2 months before work begins.
- Neighbour’s Response – The adjoining owner has 14 days to consent or dissent. No reply is treated as dissent.
- Party Wall Award – If dissent occurs, a surveyor issues a legally binding agreement detailing how and when the work will proceed, including protections for both parties.
Why the Act Matters
Following the Party Wall Act isn’t just about avoiding disputes — it’s about protecting your project from costly delays, safeguarding your neighbour’s property, and ensuring the work is carried out legally. Starting without serving the correct notices could result in injunctions, legal claims, or expensive litigation.
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