A ‘party wall’ is a wall that straddles the boundary between land owned by two or more individuals, and can serve one of three functions: as a part of a building, as a separator between two or more buildings, or as a ‘party fence wall’. A ‘party fence wall’ is a wall that is not part of a building and is located on the boundary between the land of different owners, acting as a divider between their respective properties. Examples of such walls include masonry garden walls, but wooden fences and hedges do not fall under this definition. Additionally, a wall can be considered a party wall even if it is wholly located on one owner’s land but is used by multiple owners to separate their respective buildings.

If you or your neighbour are planning to undertake construction work that involves a party wall or other party structures, such as a house extension, loft conversion, internal reconfiguration, or basement excavation, you may need to comply with The Party Wall etc. Act 1996. This legislation is a crucial tool for preventing construction-related disputes between neighbours and provides a clear legal framework for resolving any disputes that may arise in relation to party walls and other party structures.

The Party Wall Act establishes a legal framework for dealing with disputes between neighbouring property owners, as well as the rights and obligations of each party involved. The Act requires property owners to serve notice on their neighbours before undertaking any work that may affect the party wall or other party structures. The notice must include detailed information about the proposed work, its expected duration, and the intended start date. If the neighbours do not object to the proposed work, they may provide their consent in writing, and the construction work may proceed.

In cases where the neighbour/s object or do not respond to the notice, the Party Wall Act provides a mechanism for resolving disputes through the appointment of a surveyor or a panel of surveyors. The surveyor(s) will review the proposed work, assess the potential impact on the party wall or other party structures, and make a binding decision on how the work should proceed. The Act also provides for the resolution of disputes relating to the cost of the work, the repair of any damage caused by the work, and other related issues.

Overall, The Party Wall etc. Act 1996 is a crucial piece of legislation that helps to protect the interests of property owners and prevent disputes between neighbours arising from construction work. It provides a clear legal framework for resolving any disagreements that may arise and helps to ensure that construction work is carried out in a fair and responsible manner.

The Party Wall etc. Act 1996 encompasses three categories of ‘notifiable’ work, which are as follows:

1. Alterations to party structures: This involves making changes to party walls that separate terraced or semi-detached houses, which may be further divided into flats.

1. Excavation work within 3m (and in some cases up to 6m) of neighbouring structures: This refers to any work that involves digging or excavating within 3 metres (or 6 metres) of an existing neighbouring structure that is lower than the neighbouring foundation.

1. Construction of new walls on boundary lines: This covers the construction of new walls on the boundary between two properties.

If the proposed work falls under the scope of the Act, the Building Owner must serve a notice to the Adjoining Owner and obtain their consent. In the event that consent is not granted, the parties are considered ‘in dispute’ under the Act, and surveyors must be appointed to resolve the dispute by way of a Party Wall Award.

The Party Wall etc. Act 1996 provides a fair and equitable process for all parties involved. It protects the Adjoining Owner by establishing clear guidelines for the manner and timing of notifiable work, and provides compensation in the event of damage. Additionally, the Act also grants certain rights to the Building Owner, such as access to neighboring land for the purpose of completing the work.

Overall, The Party Wall etc. Act 1996 is an important tool for protecting the interests of all parties involved and ensuring that construction work is carried out in a responsible and accountable manner.

A Party Wall Notice is an essential document that a Building Owner must serve on their Adjoining Owner(s) to inform them of the proposed building works that may affect the shared party wall or structure, or even a nearby building or structure. The notice must detail the nature and extent of the proposed work and is usually accompanied by proposed drawings. Depending on the type of work, up to three different types of notices may need to be served:

1) Section 1 Notice – Line of Junction Notice: This notice is required when a Building Owner intends to build on or up to the boundary line separating their property from an Adjoining Owner’s property. It must be served at least one month prior to the intended start date of the work. 

2) Section 2 Notice – Party Structure Notice: This notice is required when a Building Owner intends to undertake work on a party wall or structure shared with an Adjoining Owner. It must be served at least two months prior to the intended start date of the work

3) Section 6 Notice – Notice of Adjacent Excavation: This notice is required when a Building Owner intends to carry out excavation work within 3 metres (or in some cases 6 metres) of an Adjoining Owner’s property. It must be served at least one month prior to the intended start date of the work.

In some cases, a Building Owner may need to serve all three notices. It is important to note that failure to serve the required notices could result in delays, disputes, and even legal action.

According to the Party Wall etc. Act 1996, property owners must obtain consent from their neighbours before carrying out any significant renovations or construction work that affects a shared wall or structure. If your neighbour has not obtained consent for their construction work, they are violating the law and you may need to take action to stop them.

One option is to seek an injunction from the County Court. A judge will listen to your case, and you may be required to provide a “cross-undertaking in costs,” which means that if your neighbour is not actually breaking the law, you may be responsible for any costs incurred due to the injunction. It’s important to seek legal advice before applying for an injunction.

Yes, it is important to follow the requirements of the Party Wall etc. Act 1996 before starting any construction work that might affect a shared wall or structure. If you have not obtained consent from the adjacent property owner or gone through the Act’s dispute resolution process, your work is being done illegally and you could face penalties.

If you are only partway through your construction, it is important to stop and serve notice to cover the remaining work before continuing. Any disagreements with the notices should be resolved by surveyors appointed under Section 10 of the Party Wall Act.”

Under the Party Wall etc. Act 1996, you are required to grant your neighbour access to your land if their construction work (works covered by the Act only) cannot be completed any other way and they provide you with the necessary notice. This notice period is typically 14 days, but in the case of an urgent issue, the notice period may be reduced based on the nature of the emergency. However, access must be deemed “necessary” in order for it to be required under the Act. If there is an alternative way for your neighbour to complete the work, even if it is more expensive, they should pursue that option instead. Surveyors are often best placed to provide sound judgement and advice in this regard, if you have any questions regarding your current situation, please do get in touch with our team. 

It is a good idea to appoint a surveyor to prepare a schedule of condition for the “at risk” parts of the adjacent property before starting any construction work. This schedule can help protect both parties from unfair or misleading claims if damage occurs as a result of the work. It provides evidence of the property’s condition before the work began, which can be used to ensure that it is properly restored in case of damage.

Surveyors can also prepare a party wall award to regulate the timing and method of work covered by the Act. The award will address important details such as working hours, access, and measures to reduce the risk of damage.