top of page
PARTY WALL GUIDE 2.jpg

DETAILED GUIDE TO THE PARTY WALL ETC. ACT 1996

The Party Wall etc. Act 1996 is a UK law designed to prevent and resolve disputes between neighbors about shared walls or boundaries when construction or renovation work is proposed. The Act applies to both residential and commercial properties and ensures that work affecting a "party wall" is carried out safely and with due consideration for both parties. Below is a detailed guide to the key aspects of the Act:​

​

1. What is a Party Wall?

A party wall is a shared wall or structure that divides two properties. It can include:

  • Walls separating terraced or semi-detached houses.

  • Walls between flats or apartments.

  • Shared fences or boundary walls.

​

The Act also applies to party structures, which are floors or ceilings that divide properties vertically, such as in multi-story buildings.

​

2. What Work Requires Notice Under the Party Wall Act?

Certain types of work require formal notice to be given to neighbors under the Party Wall Act. This can include:

  • Building a new wall along a boundary.

  • Excavating near a party wall or boundary (within 3 to 6 meters).

  • Demolishing or altering a party wall or boundary wall.

  • Cutting into a party wall (e.g., for doorways, windows, or pipes).

  • Loft conversions or alterations that affect a party wall or structure.

​

Work not covered by the Act includes things like internal alterations that don’t affect the shared walls or boundary lines, and works that do not interfere with structural elements.

​

3. Party Wall Notices

Before starting work, the party carrying out the work must serve a party wall notice on the affected neighbors. The notice should include:

  • A description of the planned work.

  • The start date of the work (must be at least two months' notice for building work or one month for excavation).

  • A clear outline of the affected structures (wall, floor, or boundary).

​

4. Types of Notices

  • Building Owner’s Notice: The person who wants to carry out the work (usually the one extending or renovating their property).

  • Adjoining Owner’s Notice: A specific type of notice for neighbors who own the party wall or structure.

​

If the affected neighbor agrees to the work, they can sign the notice. If they disagree or don’t respond within 14 days, a dispute is considered to have arisen.

​

5. Party Wall Agreements and Disputes

If the neighbor disagrees with the proposed work, a party wall agreement needs to be drawn up. This agreement outlines how the work will be done to ensure both parties’ interests are protected.

  • Party Wall Award: If the parties cannot agree, an independent Party Wall Surveyor is appointed (or two surveyors, one appointed by each party). The surveyor’s job is to:

    • Resolve the dispute.

    • Ensure the work is carried out safely and without unnecessary damage.

    • Create a Party Wall Award, which details the work to be done, the timescale, and any compensation for damages.

​

The Party Wall Award is legally binding, and both parties must adhere to its terms.​

​

6. Party Wall Surveyors

  • Building Owner’s Surveyor: Appointed by the person carrying out the work.

  • Adjoining Owner’s Surveyor: Appointed by the affected neighbor.

​

If both parties can’t agree on a surveyor, they may appoint an agreed surveyor (one surveyor for both parties). Surveyors have a duty to act impartially, ensuring the work is done in a manner that doesn’t cause unnecessary harm or damage to the adjoining property.

​

7. Rights and Responsibilities

Building Owner’s Rights and Responsibilities:

  • The Building Owner has the right to carry out work affecting the party wall, provided they follow the notice process and reach an agreement or a Party Wall Award.

  • They must ensure their work does not damage or adversely affect the adjoining property.

​

Adjoining Owner’s Rights and Responsibilities:

  • The Adjoining Owner has the right to be informed about the proposed work and to ensure it is done safely and in compliance with the Act.

  • They are entitled to a schedule of condition to document the existing state of their property before the work begins.

​

8. Cost of Works and Compensation

  • The Building Owner is typically responsible for the costs of the surveyor’s fees and the costs of any necessary repairs or remedial work resulting from the project.

  • If any damage occurs during the work, the Building Owner must compensate the Adjoining Owner for repairs or loss of property value.

  • The Party Wall Award may specify compensation for the inconvenience caused by the work.

​

9. Work That Does Not Require Party Wall Notices

The following works are generally exempt from the Party Wall Act:

  • Internal works not affecting shared structures (e.g., redecoration, new flooring).

  • Minor maintenance work (as long as it doesn't affect the integrity of a shared wall).

  • Work that only involves the Building Owner’s land (e.g., building an extension on their own side of the boundary).

​

10. Enforcement and Legal Action

  • If either party does not comply with the Party Wall Award, the matter can be taken to court.

  • Fines can be issued for failing to adhere to the procedures outlined in the Act.

  • A Building Owner who proceeds with work without proper notice or agreement could be forced to stop the work or face financial penalties.

​

11. Summary of the Party Wall Process

  1. Serve Notice: Building Owner gives the Adjoining Owner notice of the intended work.

  2. Agreement or Dispute: The Adjoining Owner either agrees or disagrees with the proposed work.

  3. Party Wall Surveyor(s) Appointed: If there’s a dispute, surveyors are appointed.

  4. Party Wall Award: Surveyors issue a Party Wall Award detailing how the work will proceed.

  5. Work Commences: The Building Owner carries out the work as per the agreed terms.

  6. Resolution of Disputes: If any issues arise during the work, surveyors will intervene to resolve the dispute.

​

12. Conclusion

The Party Wall Act 1996 ensures that both parties involved in shared property boundaries are protected during construction work. By providing a legal framework for communication, dispute resolution, and safe building practices, the Act helps avoid costly conflicts and ensures that construction work proceeds smoothly and safely. It’s important for homeowners, landlords, and developers to understand and follow the provisions of the Act to avoid legal complications and ensure a harmonious relationship with neighbours.

​

If you're still not quite sure about what you want or if you need advice you can Book a Callback Consultation Here

​

bottom of page