What is a Party Wall?
A party wall is a shared wall or structure that separates two different properties. Common examples include the dividing walls between terraced or semi-detached houses, or garden walls that are built on a boundary line. Under the Party Wall etc. Act 1996, certain works that affect these walls require formal notice and, in many cases, a legally binding Party Wall Agreement (or Award).
There are two main types of party walls:
- Walls that are built astride the boundary line and shared equally between two owners.
- Walls that sit entirely on one owner’s land but are still used by the neighbouring property.
When Do You Need Permission for Party Wall Works?
Before starting any building works that could affect a shared wall or boundary, the building owner must serve a Party Wall Notice to the adjoining owner(s). This applies to projects such as:
- Home extensions
- Loft conversions
- Chimney breast removals
- Excavations within 3–6 metres of a neighbour’s foundations
- Basement construction
Work cannot begin until consent has been given or a Party Wall Award is in place.
Serving a Party Wall Notice
Notices can be served by the property owner directly, or by appointing a Party Wall Surveyor to handle the process. Key points include:
- 2 months’ notice must be given for most works affecting a party wall.
- 1 month’s notice must be given for excavation works.
- The notice must clearly describe the proposed works and provide structural details if excavation is involved.
- Once served, the building owner has up to 12 months to begin work.
Maintaining Good Neighbour Relations
It’s always advisable to speak to your neighbours before serving a notice. A friendly conversation helps avoid misunderstandings, reduces disputes, and shows respect for their concerns.
Common Mistakes to Avoid
- Failing to give notice to all affected neighbours (including freeholders and long leaseholders).
- Using the wrong type of notice (e.g., excavation vs. structure notices).
- Not providing enough detail about the proposed work.
- Leaving neighbours with little or no warning.
Types of Party Wall Notices
- Line of Junction Notice – covers new walls built at or across the boundary line. (1 month’s notice required)
- Party Structure Notice – applies to work affecting an existing party wall, such as inserting beams or removing chimneys. (2 months’ notice required)
- Notice of Adjacent Excavation – applies when digging foundations near a neighbour’s property (within 3–6m depending on depth).
Party Wall Disputes & Agreements
If a neighbour does not consent to the notice within 14 days, a dispute is deemed to have arisen. At this stage:
- One or more Party Wall Surveyors will be appointed.
- They will prepare a Party Wall Award, which sets out:
- How the work will be carried out
- Drawings and timelines for the works
- Arrangements for access, working hours, and protections against damage
The building owner pays all reasonable surveyor costs.
Why a Party Wall Agreement is Important
A Party Wall Agreement protects both parties by:
- Ensuring damage is repaired or compensated for.
- Regulating access and working hours.
- Providing a legally enforceable framework if disputes arise.
Role of a Party Wall Surveyor
A Party Wall Surveyor is an impartial professional who:
- Advises both owners on their rights and obligations.
- Prepares or reviews the Party Wall Award.
- Helps resolve disputes fairly and legally.
Conclusion
If you are planning building works that may affect a shared wall—or if you’ve received a Party Wall Notice—it is crucial to follow the correct legal process. This avoids unnecessary disputes, delays, and costly mistakes.
📩 For expert, affordable assistance with Party Wall Notices, Awards, and disputes, contact the UK’s cheapest Party Wall Surveyors today:
team@simplesurvey.co.uk