How the Party Wall Act Works in Practice

Unsure about how the Party Wall etc. Act 1996 works and what steps you should take?

To clarify, here’s a straightforward guide on the key procedures.

What Is the Party Wall Act?

The Party Wall etc. Act 1996 provides a legal framework for preventing and resolving disputes related to:

  • Party walls (shared walls between properties)
  • Boundary walls (walls on property boundaries)
  • Excavations near neighbouring properties

This Act applies to anyone planning works that fall under the provisions outlined in the Act. It came into force in England and Wales on 1 July 1997.

You can download an official Government explanatory booklet here.

Step 1: Determine If Your Works Are Governed by the Party Wall Act

The first step is to determine if your planned work falls under the Act. Generally speaking, notifiable works are:

  • Works to an existing party wall or party fence wall
  • Excavation work within specific distances and depths prescribed by the Act
  • Building on the line of junction (boundary line between properties)

To confirm, you can either read the Party Wall Act yourself or, ideally, seek advice from a party wall surveyor.

Step 2: Serve the Relevant Notice(s)

Once you’ve confirmed that your work is notifiable, you (the building owner) must serve the relevant notice(s) on your neighbour(s) (the adjoining owners). There are different notices depending on the type of work:

  • Section 1(2) or 1(5): These notices apply when building on the line of junction (boundary wall).
  • Section 2: This is for works to a party wall or party fence wall.
  • Section 6: This applies to excavation work near the neighbouring property.

Timing:

  • Section 1(2) & 1(5) notices require 1 month’s notice before starting work.
  • Section 2 notices require 2 months’ notice.
  • Section 6 notices require 1 months’ notice.

Step 3: Adjoining Owner’s Response

Once the notice is served, the adjoining owner has 14 days to respond. They can either:

  • Consent to the work.
  • Dissent (refuse consent), in which case a dispute is deemed to arise.

If the adjoining owner does not respond within 14 days, it is treated as a deemed dispute, and the process continues as if they have dissented.

However, Section 1(5) works (building entirely on your own land) don’t require consent. If there’s no dispute, the work can proceed without further steps.

Step 4: Appoint Surveyors

If a dispute arises or if the adjoining owner dissents, both parties need to appoint a surveyor.

If the Adjoining Owner Doesn’t Appoint a Surveyor:

  • If they don’t appoint a surveyor within 10 days, the building owner (you) can appoint a surveyor on their behalf.

If the Adjoining Owner Appoints Their Own Surveyor:

  • If the adjoining owner chooses their own surveyor, you can either agree to use the same surveyor (an agreed surveyor) or each party can appoint their own surveyor.
  • If there is no agreement on the surveyor, both parties will appoint their own, and the two appointed surveyors will select a third surveyor to resolve any disputes.

Step 5: The Surveyors’ Role

Once the surveyors are appointed, they’ll:

  1. Review your proposed work and confirm that it falls within the rights provided by the Party Wall Act.
  2. Decide on the timing and manner of executing the work.
  3. Address any other matters arising from the dispute, including costs.

The surveyors will then produce a Party Wall Award that outlines:

  • The parties’ names
  • The date the notice was served
  • The appointed surveyors’ names
  • The work to be carried out, with any conditions or obligations

Step 6: The Award and Commencement of Work

Once the award is served to both parties, the building owner can begin the notifiable work. The surveyors may impose conditions on how and when the work is done to ensure minimal disruption and prevent damage to the adjoining property.

Summary of Key Points

  1. Determine if the work is notifiable under the Act.
  2. Serve the relevant notice(s) to your neighbour(s).
  3. The adjoining owner has 14 days to respond (consent or dissent).
  4. If there is a dispute or dissent, both parties must appoint surveyors.
  5. Surveyors review the work, resolve disputes, and issue a Party Wall Award.
  6. Once the award is made, the work can begin.

Need Further Guidance?

If you’re still unsure or need help with serving notices, appointing surveyors, or understanding the Party Wall Act, get in touch with a professional party wall surveyor.

Feel free to contact us at team@simplesurvey.co.uk for advice on your specific situation.