“The Act provides a framework for preventing or resolving disputes in relation to party walls, party structures, boundary walls and excavations near neighbouring buildings. Anyone intending to carry out work (anywhere in England and Wales) of the kinds described in the Act must give Adjoining Owners notice of their intentions. The Act applies even to Crown, government and local authority owned property.” – The Party Wall etc Act 1996: explanatory booklet – GOV.UK
A party wall is a wall that sits on the boundary of two adjoining properties, typically seen in terraced and semi-detached homes and flats. A party wall also includes walls that make up the boundary between two gardens, often referred to as party fence walls.
The Party Wall Act 1996 applies to building works that affect party walls, party structure and party fence walls. Works like underpinning, cutting into, cutting away from, thickening, raising, making good, demolishing, rebuilding and exposing to any of the shared structures will require a Party Wall Notice to be served.
A Party Wall Notice, simply, is a letter that informed the adjoining owner of the building owner’s intention to carry out works to the shared boundary, structure, party wall or nearby. Under the Party Wall Act 1996, building owners must serve notice before any works commence, usually three months before. In the case of party structures, you’ll need to serve a party structure notice.
Like a party wall notice, a party structure notice is a document, which is issued to neighbours before building works begin on a party structure. It covers works to party walls, floors, partitions and party fences. So, if you plan to cut int a wall, install damp proofing ,raising a wall, demolishing and rebuilding a party wall, underpinning or weathering the junction, you’ll need to serve this kind of notice.
Failure to serve these notices in accordance with the Party Wall Act 1996 might result in legal disputes and financial penalties.
A party wall agreement is a legal binding document, which protects the interests of both adjoining owners, where construction or building work is being carried out to or near the boundary. The Agreement ensures that any renovation or construction work does not negatively affect the properties. Building owners planning to make changes to a party wall or fence will need a party wall agreement, which will include works to a shared wall, floor, ceiling, outbuilding, garden or boundary wall. Party wall agreements do not necessary require the involvement of a surveyor. Informal agreements like this occur commonly when neighbours consent.
A party wall award is different to a party wall agreement. Party wall awards are required before works start when neighbours are unwilling to agree to the works and a surveyor needs to be appointed to form a formal, legal binding document.
Wooden fences are not party fence walls. A party fence wall is a wall that stands on the boundary, but has no buildings attached to it.
The owner undertaking the works pays for the party wall surveyor. If the neighbour chooses to hire their own surveyor, then you’ll need to cover the costs of their additional surveyor too.
Part of the Wall Act 1996, is a section covering the 6m rule, which applies to the building owner who plans to excavate within 6 meters of the neighbour’s building or structure. There are some rules to follow too:
If this is all unfamiliar to you, then it’s recommended to seek professional advice before serving.
The Party Wall Act 3 metre rule dictates that building owners must serve notice if they plan on excavating deeper than a neighbour’s foundation within 3 metres of any part of the party wall structure.
Building owners will definitely still need a Party Wall agreement for digging foundations near to the shared boundary. If your excavations are going to be deeper than your neighbours (3 metre rule), or you’re building up to the boundary line, you’ll need to serve proper notice and follow the correct party wall procedure that ensures you comply with the Party Wall Act.
Building owners are entitled to maintain and repair their party walls. Adjoining owners have the right to be notified of any proposed works falling under the party wall regulations, which should be served as formal Party Wall Notice before any work commences.
By not serving a legal notice, the building owner forfeits their legal rights and protections that are afforded by the Act, which also includes the right to perform necessary works or enter the neighbour’s property to carry any of them out.
You won’t typically require the help of a solicitor, only in cases of extreme escalation. The involvement of a party wall surveyor, for example, is another matter, who can help you to protect your interests and property and help you and the neighbour reach an agreement. A party wall surveyor will have the expertise to guide you through this process.
Party wall and boundary lines are often used interchangeably, but the Party Wall Act makes the difference very clear. For example, a boundary line sits wholly on the land of one owner, the party wall, on the other hand, lies astride the boundary line of the two properties.
A wall built entirely on your land is not a party wall.
If your neighbour has built an extension and you share a party wall, boundary, fence or structure, then you should have legally been served a party wall agreement.
If your neighbour has commenced works without serving notice, perhaps because they are unaware of their obligations, it’s best to begin by sending them a friendly letter from an experienced surveyor, who can help resolve the situation. At the same time, keep any records of the parts of your property that might be at risk from any proposed works just in case anything goes wrong.
Neighbours will need to get consent and serve a party wall notice for cutting into, altering, rebuilding or knocking down a party wall.
Neighbours will not have to inform you of minor works like plastering, erecting shelves or replacing wiring. However, you should seek consent to paint a wall that lies on the boundary line.
The fence might be owned by your neighbour if it’s situated on their property line, which means you’ll need their permission before attaching anything to the wall.
Adjoining owners can either consent to the works or refuse the party wall agreement. When a neighbour dissents to your party wall agreement, they are then responsible for issuing a counter-notice, where they request to changes to the plans. Surveyors at this point might be necessary to invoke a party wall award.
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When drilling into the wall to fix shelves or pictures, it’s considered minor work that’s not covered under the Party Wall Act 1996. Drilling into the wall, however, to fix resin grouted anchors to support structural floors is something that’s covered under the Act.
If any one of the neighbours would like to build up to boundary line, they will require written permission from the other party. You cannot move or make alterations to anything near the boundary line without consulting the neighbour or reaching a formal party wall award.
Unfortunately, there are no penalties for building owners who fail to serve a party wall notice, so if your neighbour has already commenced work, the only thing you can do is apply to the courts for an interim injunction preventing them from carrying on with the works.
You can build up to 50mm from the neighbouring boundary with planning permission.
See our free Party Wall Resource page for useful websites and suppliers to save you time and money.
As members of the Faculty of Party Wall Surveyors, we offer a free, no obligation, 15-minute consultation to advise on the Party Wall etc Act (1996) and talk you through the process. Similarly, we’re available to discuss any other property-related query you may have.
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