The Party Wall etc. Act 1996 sets out the procedures to follow when planning construction work near or affecting a shared wall, boundary, or property line. This guide is designed for two groups:
- Building Owners – those carrying out the work
- Adjoining Owners – neighbours whose property may be affected by the work
Who Needs to Follow the Act?
- Building Owner: The person planning construction work that falls within the scope of the Party Wall Act.
- Adjoining Owner: The neighbouring owner whose property may be impacted by the construction.
Types of Notices to Serve
Before starting any work under the Party Wall Act, the building owner must serve the correct notice to adjoining owners. These notices formally notify neighbours of the intended works.
- Line of Junction Notice
Required when building a new wall directly on, or astride, the boundary line. - Party Structure Notice
Needed when carrying out work that affects a party structure (such as shared walls, floors, or boundary walls).
This can include:- Party Wall Type A: A wall standing on land owned by different parties.
- Party Wall Type B: A wall on one owner’s land but separating parts of different buildings.
- Party Fence Wall: A freestanding wall located on land owned jointly by both parties (not including timber fences).
- Cutting into a party wall to insert a beam.
- Removing a chimney breast that is part of a party wall.
- Raising the height or thickness of a party wall.
- Notice of Adjacent Excavation
Required if excavation is planned within 3 metres (or in some cases 6 metres) of a neighbouring property, particularly where the proposed works go deeper than the neighbour’s foundations.- The 6-metre rule usually applies when using piling foundations.
Options for the Adjoining Owner
Once a notice has been served, the adjoining owner has three options:
- Consent to the Works
- If the adjoining owner agrees, no Party Wall Award is needed, and the works can proceed.
- However, it is recommended to record the current condition of the adjoining property before works begin, to avoid later disputes over damage.
- Dissent and Appoint a Surveyor
- If the adjoining owner objects, they can appoint their own party wall surveyor.
- The building owner must also appoint a surveyor.
- In most cases, the building owner is responsible for both surveyors’ reasonable fees.
- Agree on a Single Surveyor (Agreed Surveyor)
- Both parties may appoint one impartial surveyor, known as the Agreed Surveyor, who will act for both owners.
The Role of the Surveyor and the Party Wall Award
The appointed surveyor (or agreed surveyor) will issue a Party Wall Award, which:
- Authorises the works to go ahead.
- Sets out how and when the work should be carried out.
- Details protective measures to safeguard the adjoining property.
- Includes any additional requirements or access provisions.
While the process is generally straightforward, disputes can arise. An experienced party wall surveyor helps ensure the works are completed legally, fairly, and efficiently, minimising conflict.
Conclusion
The Party Wall etc. Act 1996 exists to protect both building owners and adjoining owners. By serving the correct notices, appointing surveyors when required, and following the proper procedures, disputes can be avoided, and construction works can proceed smoothly.
Clear communication and professional guidance are key to ensuring that projects move forward with minimal disruption and maximum legal protection.