The Party Wall etc. Act 1996 can feel complex, especially if you are planning works for the first time. However, the process is clear once broken down into manageable steps. This guide walks you through the typical journey from serving notices to completing your project lawfully and without unnecessary disputes.
Step 1: Establish if the Act Applies
Not all works trigger the Act. It applies if you are altering, repairing, or demolishing a shared wall, building a new wall on or astride a boundary, or excavating close to a neighbour’s foundations. Common examples include extensions, loft conversions, chimney breast removals, and basement works.
Step 2: Serve the Correct Notice
Once you know your works fall within the Act, you must serve a valid Party Wall Notice. This formal document informs neighbours of your intentions, provides sufficient detail of the works, and specifies when they are due to begin. Serving the wrong notice, or missing owners who should be notified, risks invalidating the process.
Step 3: Await Neighbour Responses
Neighbours have 14 days to respond. They may consent, dissent with an agreed surveyor, or dissent with separate surveyors. Silence is treated as dissent. Their response determines whether the process ends quickly or moves on to the appointment of surveyors.
Step 4: Appointment of Surveyors
If there is dissent or no reply, surveyors must be appointed. They act impartially to review the proposals, inspect the adjoining property, and ensure both parties’ rights are protected.
Step 5: The Party Wall Award
The surveyors prepare a Party Wall Award — a legally binding document setting out how the works should proceed. It includes working methods, permitted hours, protective measures, and provisions for making good any damage. Once served, it allows the Building Owner to begin works lawfully.
Step 6: Works Begin
With the Award in place, you can commence construction. Surveyors may revisit to check compliance or inspect any alleged damage. The Act ensures disputes are handled through surveyors, not the courts, keeping projects efficient and fair.
Why Following the Steps Matters
Each stage protects both you and your neighbours. Skipping a step may result in injunctions, delays, or costly legal disputes. By following the process, you comply with the law and safeguard your project from disruption.
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