When undertaking building work that affects shared boundaries, few laws are as crucial as the Party Wall etc. Act 1996. This Act is particularly important when carrying out underpinning or structural repairs, as these works can significantly impact the stability and condition of neighbouring properties. Whether you’re a homeowner planning renovations or a neighbour concerned about potential risks, it’s essential to understand how the Party Wall Act applies to these types of work.
What Is Underpinning?
Underpinning is a construction method used to strengthen or stabilise the foundations of an existing building. It is typically required when:
- The original foundations are weak or failing.
- Excavations next door might affect your building’s stability.
- Additional floors or weight are added to the structure.
- Ground conditions have shifted (due to subsidence, drought, flooding, etc.).
Underpinning techniques include traditional mass concrete, mini-piling, or beam-and-base methods, all of which involve excavation near or beneath existing walls—often walls shared with neighbours.
What Are Structural Repairs?
Structural repairs involve fixing or reinforcing the key load-bearing parts of a building, such as:
- Party walls
- Beams and columns
- Load-bearing floors or ceilings
- Damaged or cracked masonry
These repairs can range from replacing sections of a wall to fitting steel supports or braces. If these repairs affect a shared party wall or a neighbour’s structure, they typically fall within the Party Wall Act’s remit.
How the Party Wall Act Applies
The Party Wall etc. Act 1996 sets out a legal framework to manage and resolve disputes about work affecting party walls, boundary walls, and excavations near neighbouring buildings.
The Act covers:
- Work directly to a shared party wall.
- Building a new party or boundary wall.
- Excavations or underpinning within 3 or 6 metres of a neighbouring building (depending on depth).
If underpinning or structural repairs meet these criteria, the building owner must serve a Party Wall Notice to the adjoining owner.
Serving a Party Wall Notice for Underpinning
Before beginning underpinning, the building owner is required to:
- Serve a written Party Wall Notice at least one month (for nearby excavations) or two months (for direct party wall works) before starting.
- Include full details of the proposed works, such as:
- Plans and drawings.
- Method statements.
- Timelines.
The adjoining owner then has 14 days to respond, and can either:
- Give written consent to proceed.
- Dissent and appoint their own Party Wall Surveyor.
- Dissent and request a jointly agreed surveyor.
The Role of Party Wall Surveyors
When disputes arise, surveyors are appointed to prepare a Party Wall Award—a legally binding document outlining:
- What work will be carried out.
- How and when the work will take place.
- Protective measures for the adjoining property.
- Rights of access for the building owner.
Special Considerations for Underpinning and Structural Repairs
- Risk to Neighbouring Property
Underpinning is particularly intrusive and involves excavation near or under shared walls. This can pose risks to the adjoining property’s stability, making it subject to strict regulation. - Insurance and Indemnity
The building owner may be required to:- Provide proof of adequate public liability insurance.
- Agree to indemnify the adjoining owner against damage or loss.
- Set aside a security deposit to cover potential repair costs.
- Temporary Supports
Structural repairs often require temporary supports like props or needles, which may encroach onto a neighbour’s land. The Party Wall Act grants legal access rights for such works but mandates advance notice and safety precautions. - Noise, Vibration, and Disturbance
While the Party Wall Act doesn’t regulate noise, structural work often involves heavy machinery. Contractors must comply with Construction (Design and Management) Regulations and local noise controls, particularly in residential areas.
Common Disputes and How to Avoid Them
- Starting work without serving notice: This can result in injunctions, delays, and legal penalties.
- Property damage claims: Without a Schedule of Condition, it’s difficult to prove whether damage is new or pre-existing. Always document thoroughly.
- Disagreements over access: Neighbours may be uncomfortable with builders entering their property. Clear communication and legal access rights can help avoid disputes.
Do You Need Planning Permission Too?
The Party Wall Act is separate from planning permission and building regulations. Even if your local authority has approved your plans, you must still comply with Party Wall procedures if your work affects shared structures or involves nearby excavation.
Conclusion
Underpinning and structural repairs are complex works that can significantly affect your property and your neighbour’s. The Party Wall etc. Act 1996 provides a fair, legal process to manage these works, minimise disputes, and protect all parties involved.
Whether you’re the building owner or the adjoining owner receiving notice, understanding your rights and obligations is crucial. Consulting a qualified Party Wall Surveyor early can save time, money, and stress—and help ensure your project proceeds smoothly and lawfully.
📩 Need help with underpinning or structural repairs under the Party Wall Act?
Contact us at team@simplesurvey.co.uk for expert guidance and support.