If you’re planning building works that fall under the Party Wall etc. Act 1996, it’s vital you understand both your legal rights and those of your neighbours. These matters can become complex quickly, and expert advice can save you considerable time, stress, and expense.
Our qualified Building Surveyor team is here to guide you through every stage—from notices to access rights and boundary clarity.
What Is a Party Wall?
A party wall typically separates two properties owned by different individuals. In most cases, the boundary between ownerships runs through the centre of the wall, although this isn’t always the case. (See our blog for further details.)
Understanding Common Law & Statutory Rights
When a wall straddles two plots of land, both parties may hold mutual easements of support. It’s also crucial to review any express rights recorded in property deeds.
Why Establishing the Boundary Matters
One of the most important steps in any Party Wall matter is to determine where the legal boundary lies. This affects what can and cannot be done under the Act.
To establish the boundary line, we may need to consider:
- The legal wording in the title deeds
- The physical position of structures
- The natural layout of the land
- The historic intentions of neighbouring parties
Your Right of Access Under Section 8
Section 8 of the Party Wall etc. Act 1996 grants a building owner the right to access a neighbour’s land to carry out certain works. This might be to build a new wall at the boundary or to repair or rebuild an existing one—provided notice has been properly served.
Here’s what you need to know:
- A 14-day written notice must usually be given before accessing a neighbour’s land.
- The works must fall within the scope of the Party Wall Act.
- Access cannot be used for unrelated maintenance (e.g. fixing a gutter).
Can I Put Up Scaffolding on My Neighbour’s Land?
Yes—but only if the scaffolding is needed for works authorised under the Party Wall etc. Act 1996. In this case, a separate scaffold licence is not required. However, always check with a qualified surveyor to ensure compliance.
No Right of Access? What Are My Options?
If the work you need to carry out is not covered under the Party Wall Act (e.g. repainting or repairing a roof), you’ll require either:
- Express permission from the neighbour
- Legal access under the Access to Neighbouring Land Act 1992 (a separate legal route)
In either case, professional guidance is essential.
Thinking About Building a New Party Wall?
Section 1 of the Party Wall Act outlines the notice periods and procedures for constructing a new party wall at or near the boundary. If your proposed wall faces your neighbour’s land, they may also acquire certain rights—like the ability to access your land in future.
Clear advice from the outset can prevent major disputes and delays.
Who Pays the Fees?
In most cases, the building owner is responsible for:
- Their own surveyor’s fees
- The adjoining owner’s surveyor’s fees (if one is appointed)
We’ll provide a clear breakdown of any costs before work begins.
Trust the Experts: Guidance You Can Rely On
Whether you’re planning an extension, a basement conversion, or a boundary wall, it’s essential you stay compliant with the Party Wall etc. Act 1996.
Need Help Navigating Your Party Wall Responsibilities?
📩 Email our expert team today at team@simplesurvey.co.uk for clear, straightforward advice on access rights, boundary disputes, and Party Wall notices.
Let us take the uncertainty out of your next building project.