Glossary of Party Wall Terms

The language in the Party Wall Act is often confusing; however, it is worth becoming familiar with the terms to ensure clear communications and legal compliance.

3 Metre & 6 Metre Notices

This is the distance between any building works and a party wall. Most residential work falls under 3 meters (10 feet), and notice must be given. It includes basement excavation or pilings. The 6-meter rule is for deeper excavation. (This is referred to as a Party Wall Excavation Notice.)

Agreed Surveyor

If both parties agree to work with a single surveyor, the surveyor is called the ‘agreed surveyor.’ Westville Associates often act for both parties and are impartial.

The Act

Refers to The Party Wall etc. Act 1996.  See Gov Documentation.

Adjacent Excavation

Excavation work close to an adjoining property or next door. Requires a Notice.

Adjoining Owner

(Also adjoining occupier or neighbour) The adjoining owner is the next-door neighbour affected by the building owner’s proposed work. 

They are the recipients of a notice.  It can also be an interested party. It is the adjoining owner to whom the proposed works are notifiable.

Adjoining Owner’s Surveyor

A surveyor appointed by the Adjoining Owner.

Building Owner (Property Owner)

This is the person or party to carry out works to their property covered by the Act.

They can be leasehold, freehold, residential, or commercial property owners. The building owner can also be a tenant with a lease of over one year but not an Assured Shorthold tenant. The owner’s rights include the ability to alter, demolish, and totally rebuild party walls, party fence walls, and structures.

Building Owner’s Surveyor

A surveyor, like Westville Associates, was appointed by the building owner.

Counter Notice

Notice served by the Adjoining Owner (your neighbour) requesting additional specific works after receiving a notice. A counter-notice must be served within 30 days of the first notice.

Consent

The adjoining owner gave a written agreement on the proposed works.

Dispute

A Dispute occurs when an Adjoining Owner does not agree or consent to the proposed works. The Building Owner must then appoint a surveyor (the same surveyor or their own) to resolve it through a Party Wall Agreement. The surveyor(s) resolve the dispute by agreeing to the terms of an Award and serving it on the Owners.

Dissent

Dissent is a Disagreement, creating a dispute, either by written dissent or by submitting no response within 14 days.

Invalid Party Wall Notices

This is where errors have been made within a notice. It often occurs when people notice themselves. Errors would include incorrect owner/neighbour details, timelines and expiry.

Line of Junction

An imaginary line dividing the land of adjoining owners. Unlike a boundary line, the Line of Junction also extends upwards.

Notices (First notice)

Formal written notice served by the Building Owner setting out the proposed works and on the Adjoining Owner. The Building Owner must observe the minimum notice period, either one or two months. Several inclusions must be added to the Notice. More.

Notifiable Works

Building Works under Sections 1, 2, or 6 of the Act.

Occupier

A person living in an adjoining property who is not the owner. Occupiers have PW rights but do not need to be notified by serving a Notice.

Party Fence Wall

A Party Fence Wall is a specific type under the 1996 Act. It differs from regular fencing and has specific legal implications that owners must abide by. The Party Fence Wall must be made of stone, brick, concrete, or other permanent material.

Any fences made of wood or wire will not be considered Party Fence Walls under the Act. As a shared wall that separates the two properties on the boundary line, it is jointly owned by both property owners, who have equal rights and responsibilities to maintain or alter it. 

If one side of the property wishes to make any alterations, repairs or even rebuild it, they must serve notice under the Party Wall Act 1996. 

Example diagram of a party fence wall:

Flank Wall Meaning

• What is a flank wall? A flank wall typically runs perpendicular to the front and rear walls, being the side wall of a building, normally seen in semi-detached or terraced houses (or exposed in detached or end-of-terrace properties).

As flank walls play a key role in structural stability, they’re more directly affected by extensions and loft conversions, which might require a Party Wall Agreement. 

Party Wall

A party wall is a wall erected on a property boundary, falling on the land of one owner and that of another, to support the structures on either side of the boundary. There are two types.

Party Wall Type A

A Party Wall that separates terraced or semi-detached houses.

Party Wall Type B

A party wall entirely on one owner’s land but used by two or more owners to separate their buildings.

Party Wall Agreement

An informal written agreement between neighbours (not involving surveyors) without legal status under the Party Wall Act. It is less protective than a formal award prepared by surveyors.

Party Wall Award

A Party Wall Award is a legal document. It is crafted by party wall surveyors like Westville Associates. It includes the names and addresses of the owners of the two properties and those of the surveyor(s) and includes.

• All specifics of the building work that will be carried out, including dates and using what processes, including drawings. This would include time-limited work to avoid disruption or noise. (For example, before 9 a.m. or not on Weekends.

• List all any additional work required (e.g. protective measures to prevent damage)

• It can contain an SoC (Party Wall Schedule of Condition), which records the adjoining property’s condition before work begins. This is usually photographic and is helpful in damage claims post works.

Party Wall Dispute

Under the law, if an adjoining owner disagrees or does not consent within 14 days of receiving notice, the parties are deemed “in dispute”.

Even if your neighbour has no objection to the proposed work, they would be well advised to dissent and initiate a ‘dispute’ to ensure that professionals (surveyors) are appointed.

Party Wall Notice

This is a formal and legal document sent to the Adjoining Owner, giving notice that the Building Owner is planning to commence building works that affect a property boundary that you share.

This would include:

• Build on/at the boundary of the two properties
• Work on an existing party wall and/or party structure
• Excavate below or near to the foundation level of their building or structure

The Adjoining Owner can consent, ignore or dissent to the notice.

Party Wall Quote

Obtaining an estimate for a Surveyor like Westville to carry out the entire process.

Party Structure

A wall, floor, or partition that separates adjoining properties.

RICS

The Royal Institution of Chartered Surveyors (RICS), a leading professional body. More.

Right of Entry under Section  8 of the Act

Allows access to the Adjoining Owner’s property to execute work authorized by the Act. More.

Schedule of Condition (photo evidence)

A formal written assessment and record of the Adjoining Owner’s property condition before work commences to prove any future damage. More.

Section 1 of the Act

This covers the construction of new walls on the Line of Junction between properties. It requires one month’s notice. More.

Section 2 of the Act

It covers work on existing party structures, such as raising, repairing, demolishing, etc. It requires two months’ notice before starting. More.

Section 6 of the Act

Covers excavations 3 or 6 meters of an adjoining property. Requires a notice to be served a month before. More.

Security for Expenses

Section 12 allows an Adjoining Owner, in some cases, to request funds as security for expenses if works are started but not completed. If refused, a surveyor can resolve the matter.

Surveyor: The Party Wall Surveyor

The Act defines a surveyor as ‘any person not being a party to the matter appointed or selected under section 10 to determine disputes. ’  A surveyor is recommended to resolve disputes impartially, either by one or both parties and keep the entire process moving on schedule.

This means either party can appoint anyone other than themselves as a ‘surveyor’, irrespective of their training or experience. More.

Third Surveyor

If two surveyors are used, an additional (third) surveyor will be selected. They are used to mediate surveyor disputes.