The Party Wall etc. Act 1996 regulates construction work on or near property boundaries, including excavation and foundation work close to neighbouring properties. This important legislation applies only in England and Wales—it does not extend to Scotland or Northern Ireland. For more detailed information, the government provides an explanatory booklet about the Act.
The Act requires property owners to follow a defined process when planning construction involving:
- A party wall or party fence wall (such as a garden wall on the boundary line)
- Excavations or foundation work near neighbouring properties
- New boundary walls
It allows property owners to undertake certain work on party walls, while ensuring that the rights of neighbours are protected.
Purpose of the Legislation
The Party Wall etc. Act 1996 aims to:
- Enable building work while protecting neighbours’ interests and reducing disruption.
- Prevent disputes by ensuring neighbours are properly informed about planned work in advance.
- If consent isn’t provided by neighbours, appointing surveyors helps decide how and when the work can proceed.
Responsibilities of Building Owners
If you’re planning construction work on your property, you may be considered a ‘building owner’ under the Act. As a building owner, you are legally obliged to provide written notice to your neighbours before carrying out specific work, including:
- Altering or cutting into a party wall (e.g., installing beams for loft conversions)
- Adding a damp-proof course to a party wall (even if only on your side)
- Raising the height of a party wall or removing projections
- Demolishing and rebuilding a party wall to increase its size
- Underpinning or strengthening party walls or nearby structures
- Repairing damaged or poorly maintained party walls
- Excavating foundations or underground structures within 3 meters of a neighbour’s property and below their foundation depth
- Excavating within 6 meters of a neighbour’s building, beneath a 45-degree line drawn from the bottom of their foundation
- Building new walls on or along the boundary line between properties
Typically, party walls separate properties owned by different people, but they can also include garden walls that straddle a boundary (known as party fence walls).
Before starting work, it’s advisable to consult with a qualified surveyor to determine whether a Party Wall notice is required. Failure to serve the correct notice can lead to legal consequences.
Rights of Adjoining Owners and Occupiers
An adjoining owner is typically:
- A freeholder
- A tenant with a lease longer than one year
- A person entitled to receive rent from adjacent land or buildings
Adjoining owners must receive notice of any construction work on nearby properties. Occupiers who don’t meet these criteria (e.g., short-term tenants) are not entitled to formal notice but may have limited rights under the Act, including the possibility of compensation if they suffer any loss.
The notice sent to adjoining owners must explain the proposed works and may include plans or drawings.
Upon receiving a notice, the adjoining owner has several options:
- Consent to the work, allowing it to proceed
- Dissent, which triggers the need to appoint a surveyor to review the proposal
If dissent occurs, the adjoining owner can appoint their own surveyor or agree to share one with the building owner. Typically, the building owner covers the cost of the adjoining owner’s surveyor, though there are exceptions.
Role of Surveyors under the Act
Surveyors appointed under the Party Wall Act must act independently and impartially. Sharing a surveyor between neighbours is often encouraged to help reduce costs, but it’s crucial to select a surveyor who is qualified and trustworthy, as surveyors cannot be dismissed once appointed.
Conclusion: Ensuring a Smooth Construction Process
Understanding the Party Wall etc. Act 1996 is key to managing construction projects that affect neighbouring properties. By following the correct process and consulting with professionals like surveyors, property owners can avoid disputes and ensure that projects run smoothly.
📩 Need help with Party Wall notices or navigating the Act?
Contact us at team@simplesurvey.co.uk for expert guidance and support.