The Party Wall Act explained
If you're planning building work near a neighbour, you need to know about the Party Wall etc. Act 1996. It regulates work to shared walls and structures between neighbouring properties. Here's a straightforward overview.
What is the Party Wall etc. Act 1996?
The Party Wall Act is a legal framework for preventing and resolving disputes between property owners over shared walls, boundaries and certain types of construction work. It applies in England and Wales and covers projects such as building new walls on the boundary, structural alterations to party walls and excavating near neighbouring buildings.
Following the Act helps you keep a good relationship with your neighbours and avoid legal problems. It protects the rights and interests of everyone involved and makes for a smoother build.
Key concepts
Party walls
These are walls that separate buildings, or parts of buildings, owned by different people. Common examples are the walls between terraced or semi-detached houses. Garden walls that straddle the boundary (but not timber fences) are "party fence walls".
Party structures
The Act also covers other structures, such as the floors and ceilings between flats owned by different people.
Notifiable work
Some construction work is "notifiable". That includes building on or at the boundary, altering a party wall or structure, and excavating near a neighbouring building.
How does it work?
- Notification. If you plan notifiable work, you must serve a party wall notice on your neighbours, well before the work starts. About notices →
- Consent or dissent. Your neighbours can consent to the work or dissent. If they consent, you can go ahead as planned. If they dissent, or don't reply within 14 days, a dispute arises and surveyors are appointed.
- Party wall award. The surveyor(s) prepare an award: a legal document setting out the agreed work, access arrangements and the safeguards needed. About awards →
The process at a glance
Building owner starts planning the projectDoes it involve work on the line of junction, excavation near a neighbour, or alteration to a party wall?
The Party Wall Act doesn't applyYou can go ahead without notices, subject to planning and building regulations.
You must serve notice on the adjoining ownerA surveyor can prepare and serve this for you.
Does the adjoining owner consent?They have 14 days to respond.
Consent givenWe advise taking a schedule of condition before work starts.
Dispute: surveyors must be appointedEither a single agreed surveyor or one surveyor each. They prepare an award and serve it on both owners. Either owner may appeal to the County Court within 14 days.
Work beginsThe work proceeds in line with the notice or the award.
Official guidance
Getting advice from a party wall surveyor early can help you through the complexities of the Act and keep your project on track.
Not sure if the Act applies to your project?
Tell us what you're planning. We'll tell you, free of charge, whether you need to serve notice and what happens next.