If you or your neighbour are planning construction such as a kitchen extension, loft conversion, rearranging internal spaces, or digging out a basement, your project might fall under the Party Wall etc. Act 1996.
The Party Wall Act is a key legal framework in England and Wales aimed at enabling building work while safeguarding neighbouring properties and minimizing disruption. It provides clear guidelines to handle any disagreements that may arise concerning shared walls, structures, boundary walls, and excavations.
Types of Work Covered by the Act
The Act covers three main categories of work, often called ‘notifiable’ works:
- Changes to party structures (e.g., walls shared between terraced or semi-detached homes, including flats).
- Excavations carried out within 3 metres of a neighbouring structure, digging deeper than the neighbouring foundations.
- Building new walls up to or directly on the boundary line between properties.
If your work falls under these rules, you must notify your neighbours in advance and get their consent. If they do not agree, the law treats this as a dispute. Both parties will then need to appoint surveyors to help settle the matter by drawing up a formal Party Wall Award.
The Act also ensures neighbours are protected from unnecessary inconvenience and any damage caused must be compensated. Meanwhile, the person doing the work (the building owner) gains legal rights like access to neighbouring land if needed to complete the construction.
Categories of Notifiable Work
Section 1: New Boundary Walls
This includes building a new wall right up to the property boundary—known as a ‘1(5) wall.’ Some people mistakenly think walls must be set back from the boundary, but as long as no parts of the building (roof edges, gutters, etc.) extend beyond the boundary, the wall can be built right on it without neighbour consent.
If the wall is built directly astride the boundary (called a ‘1(2) wall’), neighbours must give explicit permission. While less common, such walls can benefit both parties—the builder gains more space, and neighbours keep rights to use the wall if they later build an extension.
Section 2: Work on Party Structures
This covers various rights related to existing shared walls or fences, including:
- Underpinning a party wall (e.g., when digging a basement or strengthening foundations).
- Raising the height of a party wall, often for loft conversions.
- Repairing or rebuilding party fences or walls due to damage.
- Cutting into a party wall for inserting beams, joists, or flashing.
- Removing parts of a party wall, such as a chimney breast.
- Temporarily or permanently exposing a party wall during building works.
Section 3: Excavations Near Neighbouring Properties
This section applies when digging foundations within 3 metres of an adjacent building or shared wall and going deeper than that building’s foundations. Many older homes (like Victorian or 1930s houses in London) have shallow foundations compared to modern standards, so this often comes into play during basement excavations or lowering land levels.
How the Party Wall Process Works
- Serving Notices
Building owners must inform all affected neighbours about the planned works under Sections 1, 2, or 6 of the Act. Because the rules are complex, surveyors usually handle this, though some homeowners serve notices themselves. The notice periods vary: 1 month for Sections 1 and 6, and 2 months for Section 2. - Neighbour’s Response
Neighbours have 14 days to reply after receiving a notice. If no response is given, it’s treated as a refusal, meaning the neighbour dissents and must appoint a surveyor.
Possible responses include:
- Consent to the works
- Dissent and agreement to jointly appoint a surveyor
- Dissent and appointment of their own surveyor
- Party Wall Award
If neighbours do not consent, surveyors negotiate the Party Wall Award. This legal document sets out how and when the work will be carried out and any safeguards (e.g., using hand tools to cut into a wall or digging in sections). It ensures everyone’s rights and responsibilities are clear. - Serving the Award
Once agreed, the Party Wall Award, along with any related drawings or documents, is formally served to both parties. This allows the building owner to legally proceed with the works, subject to any notice period requirements. - Final Inspection
For higher-risk projects, the neighbour’s surveyor may inspect the property again after completion to check for damage. If any is found, either the building owner’s contractor will fix it or compensation will be arranged. Any disputes are handled by the appointed surveyors.
If you are planning work that might affect a shared boundary or neighbour’s property, it’s wise to understand the Party Wall Act and follow its procedures carefully to avoid delays, disputes, or unexpected costs.