The Party Wall etc. Act 1996 (‘The Act’) is the legislation for the management of disputes between two Adjoining Owners when building works are taking place, involving specific “notifiable” works that are set out within the Act. The purpose of the Act is to ensure that building work that is undertaken by one neighbour does not structurally undermine the neighbouring property in any way.

The Party Wall stands astride the boundary of land which belongs to two different owners. It can be a wall that is part of one building which separates two or more buildings. For example, if you live in a semi detached house, the wall dividing yours and your neighbour’s house is the Party Wall, or if in the garden, its the wall that is astride the boundary between the two properties, commonly referred to as a Party Fence Wall.

It is compulsory to serve notices if the works are covered under the Act.

For example

1. Excavation within 3 or 6 metres from the neighbours foundations

2. Cutting in to the Party Wall, for aspects such as removal of chimney breasts to party wall, weatherproofing for flashings or installing beams etc.

3. Demolition and rebuilding of a party wall.

4. Raising the entire party wall

Ideally, sooner rather than later!

It is recommended to appoint a Party Wall Surveyor as soon as you obtain Structural Drawings for the work. The Surveyor will need to check the drawings and then issue notices, should the drawings be notifiable. The service of notices takes 14 days, followed by a further 10-day letter if no response is received. Following this, discussions with Designers, a Schedule of Condition carried out and preparation of the award.

A Party Wall Award is drawn up after the adjoining owner dissents to the work proposed to a shared wall. It ensures that work to the wall is completed in a way that minimises disturbance and damage.

Party Wall Matters are governed by other legislation, such as Planning Permission, Building Control and Boundary Disputes.

Yes, you will need to notify the neighbours if you intend to carry out works to the Party Wall.

The party who owns the property where the building works are due to be carried out.

This is the party who is potentially affected by the works, of the neighbouring property or land.

Yes, even if the Party Wall Surveyor is appointed by both parties (Building Owner(s) and Adjoining Owner(s)) they legally have to act impartially.

The Third Surveyor is a competent person whom the Party Wall Surveyors acting for the Building Owner(s) and Adjoining Owner(s) agree to act on behalf of them if they cannot agree on a decision between them.

Generally no, the Party Wall etc. Act 1996 was introduced to stop expensive litigation between two property owners and instead introduce the role of expert Party Wall Surveyors in the specific field.

Line of Junction Notice

This notice needs to be served when an owner proposes to build along or astride the boundary. By astride, we mean that the wall is built over the boundary. There are associated rights to access the neighbouring property in order to build this wall and, in fact, an adjoining owner might be wise to allow such access (subject of course to any damage or disturbance put right upon completion) so that the finish of the wall is good and that it is completed quickly, minimising the disruption. The notice period for a line of junction notice is 2 months.

3 Meter & 6 Meter Notice

These notices, which each have a 1 month period, are for when excavations are due to take place. A 3-meter notice is quite simple to explain. This is required when one proposes to excavate within 3 meters of a neighbouring structure (including anything with a foundation) to a greater depth. Therefore, just about any detached pre-war property which is being extended will fall under this category as well as often requiring a line of junction and party structure notice. Again, we can advise on the likelihood/necessity of doing so and also the benefits of so doing. A 6-meter notice is a little harder to explain, so we’ve included the drawings below. Essentially, if we draw a line from the bottom of the neighbour’s foundations at 45 degrees, which is intersected by the proposed foundations, then a notice is required. This generally applies to piled foundations.

Party Structure Notice

Section 2 of the Party Wall etc. Act covers various works to a party structure, which also may cover a party floor or chimney breast etc. Everyday actions such as putting up shelves are not covered but any cutting into one of these structures, even injecting a chemical damp proof course into a party wall, should be notified to next door. Blanket notices, covering the various aspects of this section are often served, which can be reasonable whilst the design is matured. Flashings and beams etc. do need to be carefully considered but are also often quickly worked out. The notice period is again 2 months, interestingly twice as long as for excavation work.

We believe the most important part of our work is the schedule of condition, which is an independent record of the state of your neighbour’s property prior to construction. This can avoid many awkward moments later on if there is an allegation of damage. We have been instructed in cases where there is no schedule of condition and we have to carry out a forensic investigation into the likelihood of alleged new cracks being caused by the works below. We are aware of some adjoining owners who have claimed several thousand pounds from their neighbour for alleged damage which no one can prove. Our involvement would’ve let everybody know where they stand and be clear about whether damage had occurred and if so, the extent.

The notice is valid for one year, therefore, it is best not to serve it too long before you are looking to start your work.

No, because the Party Wall Act does not have any provisions that can be used to resolve boundary disputes. These disputes must be resolved through Boundary Surveyors, the Courts or by mutual agreement.

If the wall is built astride the boundary, the Adjoining Owner will later be able to enclose upon it, without requiring consent from their neighbour, i.e. build their own extension and attach onto it. Party Wall Surveyors would also ensure within the Party Wall Award that the wall (if built astride) will be built in a way that is future proof, so that is would be simpler for the neighbours to attach/enclose thereupon.

Building the wall astride is useful, especially when selling because it is a benefit that the new buyers can make use of.

However, if the extension wall was built along the boundary line and Adjoining Owners (present or future) decide they also want to build an extension, they would not be able to enclose onto the wall as it would constitute a trespass. Therefore, a gap will have to be made between the two extensions. Due to each owner rightfully wanting to have as much space within their new extension, this gap tends to be very small. Of course, there is no reason why this cannot be done but there are some downsides to having a gap. These gaps are usually smaller than 1m and generally too small to maintain, so vegetation can start to grow and defects such as dampness may occur. Buildings require frequent maintenance, and if the areas are not accessible, then general works will not be able to be carried out to keep the structure well kept.

When considering building an extension, you can either build away from the boundary (i.e solely on your land) or build astride the boundary (i.e. the wall would be built on the centre line of the boundary). Building Owners have a legal right to build the former under the Party Wall etc Act 1996, but to build astride does require specific consent from the Adjoining Owner.

Either way, the Building Owners are entitled to section off a portion of land on the Adjoining Owners land for the time it takes to build the wall, perhaps 3 or 4 weeks, hopefully less. Unlike a normal licence for access, there is no fee payable to the Adjoining Owner for this, because it falls within the definition of “works in pursuant of the act”. As Party Wall Surveyors, our role would be to check details of how they would go about this, I.e. boarding/protection, timelines, etc.

However, the duties of a Party Wall Surveyor fall outside of the scope of the Construction (Design and Management) Regulations 2015 and consequently do not accept any responsibility for the design and construction of the works and have not acted as “Designer” at any stage as defined under these Regulations. Therefore, any issues arising under these Regulations should be referred back to the Building Owners, their design team and/or contractors.

If damage has occurred after the building work is completed, the Appointed Surveyors should inspect the condition of the building allegding damage, and compare it to the Schedule of Condition carried out before the building work started.

If damage is caused in connection with the party wall works is identified, it will become the Building Owner’s responsibility to fix it to the Adjoining Owner’s satisfaction. Alternatively, damages in lieu of making good could be paid by the Building Owner to the Adjoining Owner, which should be enough to allow the Adjoining Owner to cover the cost of ‘making good’ work themselves.

Generally no, unless this is mutually agreed by both owners. Note that works commencing before valid notices and if required a Party Wall Award can lead to an injunction.

If your neighbour has commenced works that are notifiable under the Party Wall etc. Act without serving the appropriate valid notices then a temporary injunction can be applied for at the County Court by the Adjoining Owner(s) (neighbouring property). This will mean that a court order prevents works from continuing until a Surveyor/s has been appointed to finalise a Party Wall Award. Unfortunately, an injunction can be costly for the Building Owner(s) carrying out works for failure to follow due legislation.