The Party Wall Act In Plain English

The Party Wall Act Explained

The Party Wall Act is a piece of legislation and, as such, is hard to comprehend and is full of complications. It is easy to make errors, and there are many points that cause misunderstanding.

• The Act is about three things: building on or near a boundary, working on an existing party wall or party structure, and excavating close to neighbouring buildings.
• Not every project needs the same notice: loft conversions, extensions, basement works, and deeper foundations often trigger formal notice requirements under sections 1, 3 or 6.
• If your neighbour does not consent, that does not automatically stop the work: it usually means a dispute is deemed to have arisen and the matter moves into the surveyor process under section 10, where an award sets out how the work can proceed.
• The building owner usually bears the main risks and costs: they pay for the works they want, must avoid unnecessary inconvenience, may have to compensate for damage, must properly provide access arrangements, and sometimes give security for expenses.

The Act sets legal rules for:

• Building on or near a boundary.
• Working on an existing party wall or party structure.
• Excavating near neighbouring buildings.
• Resolving disputes between neighbours when this kind of work is proposed.

Know your way around the Act. Here is a list of all 22 Sections and what they concern.

1. Rules for new boundary walls.
2. Rights to work on an existing party wall/structure.
3. Notice requirements for party structure works.
4. Neighbour’s counter-notice rights.
5. When a dispute is deemed to arise.
6. Rules for excavation near neighbouring buildings.
7. Compensation and duties when doing the work.
8. Rights to enter neighbouring land.
9. Easements still matter.
10. Surveyor-based dispute resolution.
11. Who pays for what?
12. Security for expenses.
13. Accounting for recoverable costs.
14. Payment of sums due.
15. How notices are served.
16. Offences for obstruction etc.
17. Recovery of money as civil debt.
18. Special historic exemptions.
19. Application to Crown land.
20. Definitions.
21. Supplementary statutory powers.
22. Name, start date, and extent of the Act.

Westville Associates has been through the Act and translated it into plain English

Section 1 – New building on line of junction

This covers the construction of a new wall along the boundary line between two properties.

In practice, it says:

• You can build up to the boundary.
• You usually cannot build astride the boundary without the adjoining owner’s consent.
• If you want to build a wall wholly on your own land at the line of junction, you must generally serve notice first.
• Special rules apply where foundations project under neighbouring land.

This is the starting point for boundary-wall projects. Pages 3–4.

Section 2 – Repair etc. of party wall: rights of owner

This is one of the core sections. It gives a building owner the right to do certain works to an existing party wall, party structure, or party fence wall.

Typical permitted works include:

• Repairing, underpinning, thickening, raising, or demolishing and rebuilding a party wall.
• Cutting into the wall.
• Inserting beams, flashings, damp-proof courses, and similar items.
• Cutting away projections.
• Demolishing parts that are defective.
• Raising or extending a wall where needed.
• Exposing a wall that was previously enclosed, subject to weatherproofing.

It also limits these rights:

• The works must be necessary or permitted by the Act.
• Damage to the neighbour’s property should be avoided or made good.
• Extra burdens cannot simply be imposed without following the Act.

Section 3 – Party structure notices

Before exercising many rights under section 2, the building owner must serve a notice on the adjoining owner.

The notice should state things like:

• The building owner’s name and address.
• The works proposed.
• Plans/sections/details where special foundations or similar matters are involved.
• The intended start date.

The notice normally must be served at least two months before the work starts, and it lapses if the work does not begin within the specified period. Pages 6–7.

Section 4 – Counter notices

The adjoining owner can respond with a counter-notice.

This allows them to say, in effect:

“If you are doing this work, you must also do certain additional works for my benefit,” provided those additional works are reasonably required.

This section is important because it prevents one-sided arrangements and lets the neighbour protect their own property interests.

Section 5 – Disputes arising under sections 3 and 4

If:

• The adjoining owner consents, the work can usually proceed; but
• if they do not consent within the statutory period, or a disagreement arises,

Then a dispute is deemed to have arisen.

That deemed dispute triggers the surveyor procedure later in section 10. Page 7.

Section 6 – Adjacent excavation and construction

This governs excavation near neighbouring buildings or structures.

It applies where someone plans to excavate:

• within 3 metres of a neighbouring structure and deeper than its foundations, or
• within 6 metres in certain deeper excavation cases, based on a notional 45-degree line.

The building owner must serve notice describing:

• the proposed excavation,
• the site,
• and depth/details, often with plans.

If the neighbour dissents or does not respond, the matter goes into dispute resolution. This is the section most often raised on basement digs and extension foundations close to next door.

Section 7 – Compensation etc.

This says a building owner exercising rights under the Act must:

• not cause unnecessary inconvenience, and
• compensate for loss or damage caused by the works.

It also makes clear:

• statutory rights under the Act do not override every other legal protection,
• works still need to be executed properly,
• and owners remain responsible for the consequences of their operations.

Section 8 – Rights of entry

This gives the building owner and those working for them a limited right to enter adjoining land or premises where necessary to carry out works authorised by the Act.

But:

• notice normally has to be given (at least 14 days, except in an emergency),
• Entry must be during usual working hours,
• force is limited and there are rules for emergencies and for when premises are closed.

This section exists because some lawful party wall work cannot be carried out from only one side. Pages 9–10.

Section 9 – Easements

This section says the Act does not authorise interference with easements, such as rights of light or other property rights, except as specifically provided.

So even where party wall rights exist, they do not automatically wipe out other legal rights over land.

Section 10 – Resolution of disputes

This is the Act’s main dispute-resolution mechanism.

If a dispute arises:

• The parties may appoint one agreed surveyor, or
• Each may appoint their own surveyor.

Those surveyors must then select a third surveyor.

The surveyor(s) determine matters in dispute and make an award, which can deal with:

• the right to do the work, how and when it is done,
• safeguards, compensation, access and costs.

The award is binding unless appealed to the county court within 14 days of it being served.

Section 11 – Expenses

This explains who pays.

The basic idea is:

• The building owner usually pays for the work they want,
• But where work benefits both parties, or repairs a defect for which both are responsible, costs may be shared,
• And where one owner makes greater use of a wall or structure, that can affect the contribution.

This section is detailed because it addresses many different scenarios: repairs, rebuilding, raising walls, enclosing land, later use of a wall, and so on. Pages 12–13.

Section 12 – Security for expenses

In some circumstances, the adjoining owner can require the building owner to provide security for expenses before works begin.

This is a financial safeguard. It helps protect the neighbour if:

• works start but are not completed properly, or
• money may later be needed to make good damage or complete protective measures.

Section 13 – Account for work carried out

Where the adjoining owner is liable to contribute to expenses, the building owner must provide an account showing:

• the work done, the costs,
• deductions or payments already made and supporting detail.

The adjoining owner can object within the statutory time. This section is essentially about transparency in cost recovery.

Section 14 – Settlement of account

Any amount due from the adjoining owner under section 13 must then be paid in accordance with the account served, subject to any valid objection or dispute process. This is the short follow-on provision that turns the accounting exercise into an enforceable payment position.

Section 15 – Service of notices etc.

This explains how notices and documents are legally served under the Act.

Service can usually be provided by:

• delivering personally,
• leaving at the proper address,
• posting, or email where the recipient has agreed to receive notices electronically,
• or serving a body corporate at its office.

It also provides alternatives when the owner’s name or address is unknown.

Section 16 – Offences

This creates offences for improper obstruction or interference.

For example:

• refusing access when someone is entitled to enter under the Act,
• or obstructing a person exercising statutory rights.

This gives some legal teeth to the access and compliance provisions. Page 15.

Planning party wall work in Surrey or London? Ask for a quote and we’ll guide you through the Act.

Section 17 – Recovery of sums

Any money payable under the Act may be recovered summarily as a civil debt.

That means unpaid sums can be pursued through normal debt-recovery channels rather than the Act needing a special collection mechanism.

Section 18 – Exception in case of Temples etc.

Not important

Section 19 – The Crown

This explains how the Act applies to Crown land. Not important

Section 20 – Interpretation

This is the definitions section.

It explains what important terms mean, including:

• adjoining owner and adjoining occupier
• appointing officer and building owner
• foundations, owner, party fence wall, party structure, party wall,
• special foundations, surveyor.

This section matters.

Section 21 – Other statutory provisions

Not important

Section 22 – Short title, commencement and extent

Not important

Next Step

If you would like to talk to Simon about your party wall, then please contact him here or simply call 07834 761 411. We cover all of Surrey, Hampshire and London.