The Party Wall Act:Explained

We have over 20 years’ experience dealing with Wall matters, in addition we advise on and administering the Party Wall Act 1996 on behalf of Adjoining Owners and Building Owners, whether they are commercial or residential property owners, contractors, developers or property professionals.

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1. Overview

The Party Wall etc. Act 1996 provides a legal framework to prevent and resolve disputes between neighbours about building work that affects:

• Party walls (shared walls or structures between two properties)

• Party structures (shared floors or ceilings between flats)

• Boundary (line of junction) walls

• Excavations near neighbouring buildings

The Act ensures that both building owners (who want to do the work) and adjoining owners (whose property might be affected) have rights and responsibilities that are clearly defined.

2. Purpose of the Act

The Act aims to:

• Protect adjoining property owners from potential damage or inconvenience.

• Allow building owners to carry out legitimate building works safely and legally.

• Provide a process to resolve disputes without resorting to court.

It is not about stopping building work — rather, it’s about ensuring it’s done fairly and with due notice.

3. Key Terms

4. When the Act Applies

The Act applies in three main situations:

(a) Work on an existing party wall or structure

Examples include:

• Cutting into a party wall (e.g., for a steel beam or flashing)

• Raising or thickening the wall

• Demolishing and rebuilding the wall

• Cutting projections (e.g., chimney breasts) off a party wall

(b) Build a new wall at or astride the boundary line

Examples:

• Building a new wall directly on the boundary between two gardens

• Building a wall up to the boundary (if not agreed to astride)

(c) Excavations near adjoining buildings

The Act applies if you’re digging:

• Within 3 metres of a neighbouring structure and deeper than its foundations

• Within 6 metres if your excavation will intersect with a line drawn down at 45° from the bottom of the neighbour’s foundations

5. Notices

Before starting work, the building owner must serve a formal written notice on the adjoining owner(s).

Types of Notice:

Each notice must include:

• The name and address of the building owner

• Nature and details of proposed work

• Proposed start date

• Plans and sections (where appropriate)

6. Responses to Notices

The adjoining owner has 14 days to respond to a notice.

They can:

1. Consent – work can go ahead (no surveyor needed).

2. Dissent and appoint a surveyor – to protect their interests.

3. Do nothing – treated as a dissent after 14 days.

7. Surveyors and Awards

If there is a dissent (explicit or implied), the dispute is resolved under the Act by:

• One Agreed Surveyor (jointly appointed by both owners), or

• Two Separate Surveyors, one for each party.

The surveyors then prepare a Party Wall Award, which is a legally binding document that sets out:

• The work to be done

• Timing and manner of execution

• Access arrangements

• Measures to protect adjoining property

• Compensation for any damage

• Who pays costs (usually the building owner)

8. Rights of Access

Under Section 8 of the Act, the building owner has the right to enter adjoining land to carry out necessary work — but only with proper notice (usually 14 days) and for purposes covered by the Act.

They must make good any damage caused by entry or the works.

9. Costs

Generally:

• The building owner pays for all costs associated with the works, including:

  • Surveyors’ fees

  • Construction costs

  • Making good damage

However, if the adjoining owner requests additional work that benefits them (e.g. raising a wall for their own use), they may share the costs.

10. Appeals

Either party can appeal a Party Wall Award in the County Court within 14 days of receiving it, if they believe it was made in error or unfairly.

11. Failure to Serve Notice

If the building owner starts work without serving notice (when required), the adjoining owner can:

• Seek a court injunction to stop the work.

• Claim for damages if their property is harmed.

This can delay projects and increase costs — so compliance is strongly advised.

12. Summary Table

13. Common Misunderstandings

• It does not apply to internal works that don’t affect a party wall or nearby structure.

• It does not grant planning permission — that’s a separate process.

• It cannot be ignored — non-compliance can lead to legal action.

14. Practical Example

Scenario:

A homeowner wants to build a rear extension, cutting into a shared wall to insert a steel beam.

Steps:

1. Serve a Party Structure Notice to the neighbour at least 2 months before work.

2. Neighbour dissents, appoints a surveyor.

3. Both surveyors agree on a Party Wall Award setting conditions for the beam installation.

4. Work proceeds legally and safely.

5. Any cracks or damage are assessed and repaired at the building owner’s cost.

All our Surveyors are qualified to either BSc, MSc or BEng.   

All Surveyors hold Professional Indemnity Insurance and liability to £500,000 per survey and £2,000,000 per survey or liability.    

Fixed fee from £695.00 + VAT for Notices, Schedule of condition and publishing the Award all undertaken by a skilled and qualified professional Building Consultants.  

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This is compared to other companies who may try and charge you up to £2000 for exactly the same service. 

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