A party wall is a wall shared by two or more property owners. The most common example is the dividing wall between two houses, but it can also include floors and ceilings in flats (known as party structures) or garden walls and boundary walls (referred to as party fence walls) built along property lines.
To regulate work on these shared structures, the Party Wall etc. Act 1996 was introduced in England and Wales. The Act aims to protect the interests of property owners and prevent disputes between neighbours when construction or excavation work affects shared walls or boundaries.
If you’re planning any building projects—such as a loft conversion or an extension—it’s crucial to understand how the Party Wall Act applies to your plans.
Which Buildings Are Covered?
The Act applies to residential, commercial, and industrial buildings. If you share a party wall, party structure, or party fence wall with another owner, the Act governs any work affecting these parts of the property.
What Kind of Work Does the Act Cover?
The Party Wall Act covers most structural work related to party walls or adjacent boundaries, including:
- Structural repairs or underpinning to strengthen a party wall
- Removing chimney breasts or inserting steel beams for loft conversions
- Excavating near a neighbour’s building that goes deeper than their foundations
- Building or altering garden walls that sit on or near the boundary line
What Should I Do if My Work Falls Under the Act?
If your work affects a shared wall or boundary, you must serve a written notice to all property owners with an interest in the party wall or nearby properties. The notice should clearly identify all parties involved and fully describe the proposed work, ideally with plans or drawings to help neighbours understand the scope.
- For party walls or structures: You must give at least two months’ notice.
- For excavations or new boundary walls: One month’s notice is required.
Neighbours then have 14 days to respond. If they agree, this consent must be provided in writing.
Who Is Considered an ‘Owner’ Under the Act?
The building owner (the person carrying out the work) and the adjoining owners (owners or certain occupiers of neighbouring properties) are covered by the Act. This includes:
- Freeholders
- Leaseholders with long leases
- Other persons with a legal interest in the property
What Happens if the Neighbour Does Not Agree or Does Not Respond?
If the neighbour explicitly refuses consent or fails to respond within 14 days, they are considered to have dissented, which triggers a formal dispute under the Act. Neighbours may also issue a counter-notice requesting additional works, which they will fund themselves.
What Are the Responsibilities of Party Wall Surveyors?
Party wall surveyors are appointed to prepare a legally binding ‘award’, which outlines:
- What work will be carried out
- How and when the work will take place
- Any protective measures for the adjoining property
- Rights of access for the building owner
Surveyors must remain impartial, ensuring that both parties’ interests are considered fairly. They may also inspect the work during and after completion to ensure it complies with the award and check for any damage to neighbouring properties.
What Happens if a Dispute Arises?
If there’s a disagreement, each party can appoint their own party wall surveyor, or they may agree to appoint a single surveyor together. If both owners appoint separate surveyors, the two surveyors will select a third surveyor to act as a neutral arbitrator. The identity of this third surveyor must be communicated to both parties.
Who Can Act as a Party Wall Surveyor?
While anyone other than the owners themselves can act as a surveyor, it’s highly recommended to appoint someone with relevant expertise, such as:
- Chartered surveyors
- Structural engineers
- Architects familiar with party wall legislation
Need Advice?
If your work involves:
- An existing shared wall, floor, or ceiling
- Building on or near a boundary
- Excavating close to a neighbour’s property
You must first determine if your work falls under the Party Wall Act. If it does, you must serve a formal notice to all adjoining owners—sometimes up to two months before starting. It’s best to seek written agreement from neighbours. If agreement can’t be reached, an independent surveyor will be appointed to resolve disputes and issue a binding party wall award.
Failing to comply with the Act could delay your work, lead to legal challenges, or even court injunctions. For certainty and peace of mind, consult a qualified party wall surveyor before beginning your project.
📩 Unsure if your work falls under the Party Wall Act?
Contact us at team@simplesurvey.co.uk for expert advice and assistance.