A party wall is a wall that sits on the boundary line between two adjoining properties or buildings. The Party Wall etc. Act 1996 distinguishes two main types of party walls:
- Type A Party Wall: This is a wall that physically stands on the land of two different owners, either equally or with more weight on one side. For example, the shared wall between terraced or semi-detached houses is a Type A party wall. Additionally, a boundary wall dividing two gardens could also be considered a Type A party wall.
- Type B Party Wall: This wall lies entirely within the land of one owner but separates two buildings partially. Only the sections of the wall that actually divide the buildings are considered party walls. Modifying a Type B wall, such as building an extension involving it, can often be more complex and controversial.
What Is the Party Wall Act?
The Party Wall etc. Act 1996 is legislation in England and Wales designed to regulate works on shared walls and boundaries. Its roots trace back to regulations developed after the Great Fire of London, aiming to prevent fire spread and disputes between neighbours.
The Act covers works such as:
- Demolishing and rebuilding a shared wall
- Building an extension that affects a party wall
- Increasing the thickness or height of a party wall
- Underpinning work
- Cutting into boundary walls
- Excavation and foundation work near shared boundaries
- Adding damp-proof courses
What the Act does NOT cover:
Minor works such as plastering, wallpapering, electrical wiring, or fitting shelves generally do not require Party Wall Notices.
Do I Need a Party Wall Agreement?
If your planned work falls under the Party Wall Act, you will need a party wall agreement with your neighbour. This agreement sets out the nature of the work and how it will proceed.
To initiate this, you must serve your adjoining owners with a Party Wall Notice.
What Is a Party Wall Notice?
A Party Wall Notice is a formal written document explaining the work you intend to carry out on the shared wall or boundary.
You should serve this notice at least two months before starting work, giving your neighbours ample time to review and respond. Transparency is key — all relevant details must be included to avoid invalidating the agreement later.
What to Include in a Party Wall Notice:
- Names, addresses, and contact details of all affected property owners
- A detailed description of the proposed work
- The intended start date
- Signatures of all owners or their representatives (e.g., surveyors)
Types of Party Wall Notices
There are three main types of notices under the Act:
- Section 1 – Line of Junction Notice:
For boundaries without existing buildings, such as boundary walls dividing gardens. Timber fences do not count as boundary walls here. - Section 3 – Party Structure Notice:
For any work on existing party walls or fence walls — e.g., removing chimney breasts or adding beams. This requires at least two months’ notice. - Section 6 – Adjacent Excavation Notice:
For excavation or foundation work near a party wall. Notification is needed if excavation is lower than existing foundations within 3 meters, or within 6 meters at a 45-degree angle below foundations.
Because excavation can threaten a neighbour’s property stability, detailed descriptions, drawings, and plans should accompany this notice.
When Must You Notify Your Neighbours?
You must serve a Party Wall Notice before work involving:
- Building on the boundary line
- Modifying or demolishing a party wall
- Excavation or foundation work near adjoining properties
- Loft conversions, chimney removals, or extensions involving party walls
Failing to notify neighbours can lead to legal action or injunctions to halt your work.
When Is Notice Not Required?
Routine, minor works such as plastering, wallpapering, drilling, or electrical wiring generally do not require serving a Party Wall Notice.
What Happens After Serving a Party Wall Notice?
- Your neighbours must respond in writing within 14 days, either agreeing or dissenting.
- No response within 14 days counts as dissent, triggering a dispute.
- If a dispute arises, both parties appoint surveyors (or agree on a single surveyor) to assess the works.
- Surveyors inspect the property, record its condition, and draft a Party Wall Award outlining how the work should proceed and protections against damage.
- Once agreed, the Award becomes a binding legal document.
What Happens If You Don’t Serve a Party Wall Notice?
If you skip this step, you risk:
- Losing protection against false damage claims
- Legal injunctions stopping your construction
- Court costs and legal fees for dispute resolution
- Strained relationships with your neighbours, complicating future projects
Who Pays for Party Wall Surveyors and Costs?
The building owner initiating the work pays for the Party Wall Notice and associated costs. If neighbours dispute the notice, surveyor fees for both parties can become substantial. Court fees add to costs if the matter escalates.
How to Prevent and Resolve Party Wall Disputes
- Open communication with your neighbours is the best first step. Explain your intentions clearly and listen to concerns.
- If disputes occur, appoint professional surveyors as required by the Act.
- If resolution fails, consider legal advice from specialists in Party Wall matters.
- Maintaining good neighbourly relations can greatly ease the process.
Party Wall vs Boundary Wall: What’s the Difference?
- A party wall straddles the boundary line and divides two properties.
- A boundary wall sits entirely within one owner’s land and acts as a boundary marker but is not shared structurally.
Do I Need a Party Wall Surveyor?
- If your neighbour agrees to your notice, a surveyor may not be necessary.
- If your neighbour dissents, surveyors must be appointed to prepare the Party Wall Award.
- Both parties can agree on a single impartial surveyor to reduce costs.
Conclusion
A party wall is a shared structure that requires careful handling under the Party Wall etc. Act 1996. Always serve a clear Party Wall Notice before starting relevant works to avoid legal issues. If disputes arise, use surveyors and, if needed, legal advice to reach an amicable solution.
Good communication and transparency with your neighbours make all the difference when working on or near party walls.