If you’re planning home improvements or extensions that involve shared walls with your neighbours, you’ll need to understand the Party Wall etc Act 1996. This comprehensive legislation protects both you and your neighbours during construction work, but navigating its requirements can be challenging. Our guide breaks down everything UK homeowners need to know about party wall regulations, from serving notices to resolving disputes, with practical examples to help you comply with confidence.
What is the Party Wall etc Act 1996?
The Party Wall etc Act 1996 is a piece of legislation that provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings. It came into force on 1 July 1997 and applies throughout England and Wales (but not to Scotland or Northern Ireland).
Different types of party walls as defined in the Party Wall etc Act 1996
The Act allows building owners to carry out certain specific works, including work to the full thickness of a party wall, while at the same time protecting the interests of anyone else who might be affected by that work. It’s designed to avoid or minimise disputes by making sure property owners notify their neighbours in advance of certain proposed works.
Key Point: The Party Wall etc Act 1996 is not a means to prevent construction work. Rather, it’s a procedure that enables works to proceed while protecting the interests of all parties involved.
What Exactly is a Party Wall?
The Act recognises several types of party walls and structures:
Party Wall Type A
A wall that stands astride the boundary of land belonging to two (or more) different owners. Such a wall:
- Is part of one building
- Separates two (or more) buildings
- Consists of a “party fence wall”
A “party fence wall” is not part of a building and stands astride the boundary line between lands of different owners to separate those lands (e.g., a masonry garden wall, but not wooden fences or hedges).
Party Wall Type B
A wall that stands wholly on one owner’s land but is used by two (or more) owners to separate their buildings. For example, where one person built the wall first, and another later built their building against it without constructing their own wall.
The Act also uses the term “party structure,” which is a wider term that could include a wall or floor partition or other structure separating buildings or parts of buildings approached by separate staircases or entrances (e.g., flats).
Terraced houses typically share party walls between properties
Works Covered by the Party Wall etc Act 1996
The Act covers three main types of work:
Work on Existing Party Walls
Section 2 of the Act covers work directly affecting an existing party wall or structure, including:
- Cutting into a party wall
- Inserting a damp proof course
- Raising the height of a party wall
- Demolishing and rebuilding a party wall
- Underpinning a party wall
- Cutting off projections from a party wall
New Walls at Boundaries
Section 1 of the Act covers building a new wall on or at the boundary between two properties, including:
- Building a new wall astride the boundary
- Building a new wall wholly on your own land but up against the boundary
- Building a new party fence wall astride the boundary
Excavation Near Neighbouring Buildings
Section 6 of the Act covers excavation near neighbouring buildings:
- Excavating within 3 metres of a neighbouring structure and to a lower level than its foundations
- Excavating within 6 metres of a neighbouring structure where your excavation would cut a line drawn downwards at 45° from the bottom of its foundations
The 3-metre and 6-metre rules for excavations near neighbouring buildings
“The Act is designed to avoid or minimise disputes by making sure property owners notify their neighbours in advance of certain proposed works.”
Works Not Covered by the Act
Not all construction work requires compliance with the Party Wall etc Act 1996. Generally, minor works that don’t affect the structural integrity or loading of a party wall are excluded, such as:
- Drilling into a party wall to fix plugs and screws for ordinary wall units or shelving
- Cutting into a party wall to add or replace recessed electric wiring and sockets
- Replastering
- Installing or replacing non-load bearing fixtures
Important: If you’re unsure whether your planned work requires a notice under the Act, it’s advisable to seek professional advice from a qualified building professional or party wall surveyor.
Step-by-Step Compliance Process
Following the correct procedure under the Party Wall etc Act 1996 is essential. Here’s a step-by-step guide to help you navigate the process:
Party Wall etc Act 1996 compliance process flowchart
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Determine if Your Works are Covered
Review the types of work covered by the Act to determine if your planned construction requires compliance. If in doubt, consult a party wall surveyor.
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Identify All Adjoining Owners
An “Adjoining Owner” is anyone who owns land, buildings or rooms adjoining those of the building owner. This may include both freeholders and leaseholders with tenancies exceeding one year.
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Serve the Appropriate Notice
Different types of work require different notices:
- Party Structure Notice – For works to an existing party wall (Section 2) – requires at least two months’ notice before work begins
- Line of Junction Notice – For building a new wall at the boundary (Section 1) – requires at least one month’s notice
- Adjacent Excavation Notice – For excavation near neighbouring buildings (Section 6) – requires at least one month’s notice
Notices must include specific information, including your details, a description of the proposed works, and the planned start date.
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Wait for a Response
After receiving your notice, adjoining owners have 14 days to respond. They can:
- Consent to the works
- Dissent (refuse consent)
- Issue a counter-notice requesting additional or modified work
- Not respond at all (which is treated as a dissent after 14 days)
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Appoint Surveyor(s) if Required
If adjoining owners dissent or don’t respond, a dispute is deemed to have arisen. At this point, you must follow the dispute resolution procedure by appointing surveyor(s).
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Prepare a Party Wall Award
The appointed surveyor(s) will prepare a Party Wall Award, which sets out the details of the work, when and how it should be carried out, and makes provisions for monitoring and preventing damage.
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Carry Out the Works
Once you have consent or a Party Wall Award in place, you can proceed with the works in accordance with the terms agreed.
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Make Good Any Damage
After completing the works, you must make good any damage caused to the adjoining owner’s property or pay compensation.
Need Help Navigating the Party Wall Process?
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Serving Notices Under the Party Wall etc Act 1996
Proper notification is a crucial part of complying with the Party Wall etc Act 1996. Here’s what you need to know about serving notices:
Notice Requirements
All notices must include:
- Your name and address (all joint owners must be named)
- The address of the building to be worked on
- A full description of the proposed works (including plans for excavation works)
- The proposed start date (which must be after the relevant notice period has elapsed)
- The date of the notice
- A clear statement that it is a notice under the provisions of the Act
Sample Party Wall Notice template
How to Serve Notices
You can deliver notices in several ways:
- In person to the adjoining owner
- By post
- By email (if the adjoining owner has stated a willingness to receive notices by email)
- If you don’t know the name of the owner, you can address the notice to “The Owner” and deliver it to a person on the premises or fix it to a conspicuous part of the premises if empty
Notice Periods
| Type of Work | Section of the Act | Notice Period | Validity Period |
| Works to existing party walls/structures | Section 2 | 2 months | 1 year |
| New wall at the boundary | Section 1 | 1 month | 1 year |
| Adjacent excavation | Section 6 | 1 month | 1 year |
Warning: If you start work without having first given notice in the proper way, adjoining owners may seek to stop your work through a court injunction or seek other legal redress.
Practical Examples: When the Party Wall etc Act 1996 Applies
Understanding when the Act applies can be easier with practical examples. Here are some common scenarios:
Loft Conversions
When converting your loft, you’ll likely need to cut into the party wall to insert new structural beams. This requires a Party Structure Notice under Section 2 of the Act.
Example: Installing steel beams on padstones within the party wall to support a new floor structure.
Extensions
Building an extension often involves excavating foundations near your neighbour’s property, which may require an Adjacent Excavation Notice under Section 6.
Example: Digging foundations within 3 metres of your neighbour’s property and deeper than their foundations.
Basement Conversions
Converting or creating a basement usually involves underpinning the party wall, which requires a Party Structure Notice under Section 2.
Example: Underpinning a party wall to increase its depth for a new basement level.
Removing Chimney Breasts
If you want to remove a chimney breast that’s attached to a party wall, you’ll need to serve a Party Structure Notice under Section 2.
Example: Removing a chimney breast in your living room that’s attached to the party wall shared with your neighbour.
Building a New Boundary Wall
If you want to build a new wall at the boundary between your property and your neighbour’s, you’ll need to serve a Line of Junction Notice under Section 1.
Example: Building a new garden wall exactly on the boundary line between your garden and your neighbour’s.
Installing a Damp Proof Course
Even if you’re only working on your side of a party wall, inserting a damp proof course requires a Party Structure Notice under Section 2.
Example: Installing a chemical damp proof course in your half of the party wall to address rising damp issues.
Not Sure if Your Project Requires a Party Wall Notice?
Our party wall experts can assess your plans and advise whether you need to comply with the Party Wall etc Act 1996.
Dispute Resolution Under the Party Wall etc Act 1996
When adjoining owners dissent to proposed works or don’t respond to notices, the Act provides a specific dispute resolution procedure:
The dispute resolution process under the Party Wall etc Act 1996
Appointment of Surveyors
When a dispute arises, each owner can either:
- Agree to appoint a single “Agreed Surveyor” to act impartially for both parties, or
- Each appoint their own surveyor, who will then select a third surveyor to be called upon if the two appointed surveyors cannot agree
“The surveyor(s) must consider the interests and rights of both owners and draw up an award impartially. Their duty is to resolve matters in dispute in a fair and practical way.”
The Role of Party Wall Surveyors
Party wall surveyors have specific responsibilities under the Act:
- Acting impartially, even when appointed by one of the owners
- Assessing the proposed works and their potential impact
- Preparing a “Party Wall Award” that sets out how and when works should proceed
- Recording the condition of adjoining properties before work begins
- Resolving disputes that arise during the works
- Determining who pays the surveyors’ fees
The Party Wall Award
A Party Wall Award (also known as a “party wall agreement”) is a legal document that:
- Sets out the work that will be carried out
- Specifies when and how the work is to be carried out
- Specifies any additional work required (e.g., necessary protection to prevent damage)
- Often contains a record of the condition of the adjoining property before work begins
- Allows access for surveyors to inspect the works while they’re in progress
- Determines who pays the surveyors’ fees
Appeals
The Award is binding unless it is rescinded or modified by a county court on appeal. Each owner has 14 days from service of the award to appeal to the county court. Appeals should not be undertaken lightly, and unsuccessful appellants may incur costs against them.
Legal Reference: Section 10 of the Party Wall etc Act 1996 sets out the dispute resolution procedure in detail, including the appointment of surveyors and the preparation of awards.
Costs Associated with the Party Wall etc Act 1996
Understanding the potential costs involved in complying with the Act can help you budget appropriately for your project:
Surveyor’s Fees
Surveyor’s fees vary depending on the complexity of the works and the time involved. Typically:
- For straightforward works, fees might range from £700 to £1,500 per surveyor
- For more complex projects like basement conversions, fees could be £2,000 to £5,000 or more
- If an Agreed Surveyor is appointed, this can reduce costs as only one surveyor is involved
Who Pays?
Generally, the building owner (the person initiating the works) pays:
- The reasonable costs of preparing and serving notices
- The reasonable fees of all appointed surveyors, including the adjoining owner’s surveyor
- The cost of making good any damage caused by the works
However, there are exceptions where costs might be shared:
- If work is necessary due to defect or repair, costs may be split based on each owner’s use of the structure
- If an adjoining owner requests additional work for their benefit, they may bear those costs
- If an adjoining owner makes the process unnecessarily complicated, they may be liable for additional costs
Typical cost breakdown for Party Wall Act compliance
Important: Failing to comply with the Act can result in significant additional costs, including legal fees if your neighbour seeks an injunction, project delays, and potentially having to undo work already completed.
Rights and Obligations Under the Party Wall etc Act 1996
Building Owner’s Rights
As a building owner planning works, you have the right to:
- Carry out works covered by the Act after proper notice
- Access adjoining property (with 14 days’ notice) when necessary to carry out works
- Break through to place padstones or corbels in the party wall
- Raise the height of a party wall
- Underpin the whole thickness of a party wall
- Cut into the party wall to insert beams
- Demolish and rebuild a defective party wall
Building Owner’s Obligations
As a building owner, you must:
- Serve proper notices before starting work
- Not cause unnecessary inconvenience
- Provide temporary protection for adjacent buildings where necessary
- Make good any damage caused by the works
- Pay compensation for any loss or damage caused by the works
- Carry out works in accordance with the Party Wall Award (if applicable)
Adjoining Owner’s Rights
As an adjoining owner, you have the right to:
- Receive proper notice of proposed works
- Consent to or dissent from the proposed works
- Appoint a surveyor to protect your interests
- Request reasonably necessary measures to protect your property
- Not be caused unnecessary inconvenience
- Be compensated for any loss or damage
- Request security for expenses before work starts
Adjoining Owner’s Obligations
As an adjoining owner, you must:
- Respond to notices within 14 days
- Allow access to your property when necessary for works (after 14 days’ notice)
- Not obstruct someone entitled to access your property under the Act
- Engage in the dispute resolution process if you dissent to the works
Rights and obligations under the Party Wall etc Act 1996
Common Misconceptions About the Party Wall etc Act 1996
Facts
- The Act is designed to facilitate development, not prevent it
- The Act does not change the ownership of any wall or boundary
- Planning permission and building regulations approval are separate from Party Wall Act requirements
- The Act applies even if you’re only working on your side of the wall
- The Act applies throughout England and Wales
Misconceptions
- That adjoining owners can prevent works from taking place
- That the Act can be used to resolve boundary disputes
- That minor works like hanging shelves require notices
- That planning permission overrides the need for Party Wall notices
- That verbal agreements with neighbours are sufficient
“The primary purpose of the Act is to facilitate development. In return for rights to carry out certain works, the Building Owner must notify you in advance. He is made legally responsible for putting right any damage caused by carrying out the works, even if the damage is caused by his contractor.”
Frequently Asked Questions About the Party Wall etc Act 1996
What happens if I don’t comply with the Party Wall etc Act 1996?
If you fail to serve the required notices or proceed with work without following the proper procedures, your neighbour can seek an injunction to stop the work through the courts. This can result in significant delays and additional costs. Additionally, you may be liable for any damage caused by the works, and it may be more difficult to prove that the damage was not caused by your works without a proper record of the pre-existing condition.
How long does the Party Wall process take?
The minimum time required depends on the type of notice:
- For works to existing party walls: at least 2 months from serving notice to starting work
- For new walls at boundaries or excavations: at least 1 month from serving notice to starting work
However, if disputes arise and surveyors need to be appointed, the process can take longer, typically 6-8 weeks from the appointment of surveyors to the issuing of an award. Complex cases may take several months.
Can my neighbour refuse consent to my Party Wall notice?
Yes, your neighbour can refuse consent (dissent) to your notice. However, this doesn’t mean you cannot proceed with the works. If your neighbour dissents, the dispute resolution procedure under the Act comes into play, and surveyors will be appointed to prepare a Party Wall Award. The Award will set out how and when the works can proceed, protecting both parties’ interests.
Who can act as a Party Wall surveyor?
Under the Act, a “surveyor” can be any person who is not a party to the matter. This means almost anyone can act as a surveyor except the building owner or adjoining owner themselves. However, it’s advisable to appoint someone with knowledge of construction and experience with the Act, such as a chartered surveyor, architect, or engineer with party wall expertise.
Does the Party Wall etc Act 1996 apply to flats and leasehold properties?
Yes, the Act applies to all types of properties in England and Wales, including flats and leasehold properties. In these cases, both the freeholder and any leaseholders with tenancies exceeding one year are considered “owners” under the Act and may need to be served with notices.
Can I start work earlier than the notice period if my neighbour agrees?
Yes, if your neighbour gives written consent, you can start work before the end of the notice period. However, your neighbour is under no obligation to agree to an earlier start date.
What is a Schedule of Condition?
A Schedule of Condition is a detailed record of the condition of the adjoining property before works begin. It typically includes written descriptions and photographs of walls, floors, ceilings, and other elements that might be affected by the works. While not a requirement under the Act, it’s highly advisable to have one prepared as it helps establish whether any damage was caused by the works.
Does the Act apply to temporary works like scaffolding?
The Act itself doesn’t specifically cover temporary works like scaffolding or crane oversailing. However, if these are required as part of works covered by the Act, they may be addressed in the Party Wall Award. For scaffolding or other temporary structures that need to be placed on neighbouring land, you would typically need to seek separate permission from the neighbour.
Have More Questions About the Party Wall etc Act 1996?
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Recent Developments and Case Law
While the Party Wall etc Act 1996 itself hasn’t undergone significant amendments since its introduction, case law continues to shape its interpretation and application:
Key Legal Cases
- Kaye v Lawrence [2010] – Clarified that a surveyor can not resign once appointed except in very limited circumstances
- Reeves v Blake [2009] – Established that notices must be clear about the intended works and cannot be retrospective
- Zissis v Lukomski [2006] – Confirmed that appeals against awards must be made within 14 days and clarified the court’s role in appeals
- Freetown Ltd v Assethold Ltd [2012] – Emphasized the importance of properly appointed surveyors and valid notices
Practical Implications
These cases have several practical implications for homeowners:
- The importance of serving clear, detailed notices that accurately describe the proposed works
- The need to follow the correct procedures for appointing surveyors
- The strict time limits for appealing awards
- The limited grounds on which a surveyor can withdraw from their appointment
Legal Note: Case law continues to evolve, and new judgments may affect how the Act is interpreted. For the most up-to-date legal position, it’s advisable to consult a party wall surveyor or solicitor with expertise in this area.
Useful Resources for Party Wall Matters
Government Resources
Professional Bodies
Professional organizations providing guidance on party wall matters
Conclusion
The Party Wall etc Act 1996 plays a vital role in managing construction work that affects shared walls and neighbouring properties across England and Wales. By providing a clear framework for notification, consent, and dispute resolution, the Act helps protect the interests of both building owners and their neighbours.
While navigating the requirements of the Act may seem daunting at first, understanding the basic principles and following the correct procedures can help ensure your construction project proceeds smoothly, without unnecessary delays or legal complications. Remember that the Act is designed to facilitate development, not prevent it, while ensuring that adjoining owners’ rights are respected.
Whether you’re planning a major renovation or a smaller project that affects a party wall, taking the time to comply with the Act’s requirements is an investment that can save you significant time, money, and stress in the long run.
Need Professional Assistance with Party Wall Matters?
Our experienced team of party wall surveyors can help you navigate the requirements of the Party Wall etc Act 1996, from serving notices to resolving disputes and preparing awards.
