Whether you get along with your neighbours or not, construction work next door can be noisy and disruptive — especially if you weren’t warned beforehand. In the UK, the law requires you to notify your neighbour before starting certain building works, and they have rights too. This guide explains the Party Wall etc. Act 1996, which governs how and when these works can be carried out.
What Is the Party Wall Act?
The Party Wall etc. Act 1996 is designed to prevent disputes by ensuring adjoining owners are informed and able to protect their property when work affects shared walls or boundaries. If you ignore the rules, you risk being liable for damages.
A party wall is a wall shared by two properties. If a boundary wall stands alone and is jointly owned, it’s called a party fence wall. The Act also covers excavations near neighbouring buildings.
Why Is This Act Important?
It helps neighbours understand their rights and responsibilities to avoid conflicts. Before work begins, you must serve a Party Wall Notice if your project affects a shared wall or boundary. This includes excavations close to your neighbour’s foundations.
What Work Does the Act Cover?
You need to serve notice for works such as:
- Cutting into or demolishing a party wall
- Raising or lowering the wall
- Removing a chimney breast in the party wall
- Underpinning the wall
- Excavations close to a neighbour’s foundations
- Building a new boundary wall
Minor works like hanging shelves or replastering usually don’t require notice.
Your Rights and Duties as a Building Owner
You have the right to carry out repairs and improvements, but you must notify your neighbour first. Work cannot start until they consent or an agreement (Party Wall Award) is in place.
You must avoid causing unnecessary inconvenience and take steps to protect neighbouring properties. If damage occurs, you’re responsible for repair costs.
Who Is an Adjoining Owner?
Anyone with an interest in a property next to yours — whether freeholder or leaseholder — is an adjoining owner under the Act.
How to Comply
Speak with your neighbour, provide the Party Wall Notice, and if they dissent, appoint surveyors to agree on how the work proceeds. If disputes arise, surveyors or courts may become involved.
What If Your Neighbour Doesn’t Serve Notice?
If your neighbour starts work without notice, you should seek advice from a Party Wall Surveyor and possibly legal counsel to protect your rights, which may include stopping the work via injunction.