The Party Wall etc. Act 1996 came into force on 1 July 1997 and applies throughout England and Wales. The Act does not apply to Scotland or Northern Ireland.
The Act provides a legal framework for addressing or preventing disputes regarding party walls, party structures, boundary walls, and excavations near neighbouring properties. It requires anyone planning certain types of construction work in England or Wales to notify their neighbours, known as Adjoining Owners, in advance of the intended works.
The Act applies even when the property is owned by the Crown, government, or local authorities.
For work involving an existing party wall (as detailed in Section 2 of the Act), a notice must be served even if the work does not extend beyond the centre line of the wall.
Note: A party wall may not always have a boundary running through its centre line for its entire length but may only have it for part of its length.
A helpful way to understand the Act is to consider party walls as jointly owned by the property owners on either side, rather than assuming ownership of half of it.
Adjoining Owners can either approve the Building Owner’s plans or agree to changes regarding how the work will be carried out, including its timing and manner. If a dispute arises regarding the construction of a new party wall or party fence wall under Section 1, or any work on an existing structure under Section 2, or excavation under Section 6, and if there is no written consent from the Adjoining Owner within 14 days of receiving the notice, the Act outlines a process for dispute resolution by appointed surveyors.