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The 10 Essential Things You Need to Know About the Party Wall etc. Act 1996
Wednesday 8th January 2025
Carl O'Boyle BSc MRICS FCIOB MFPWS
If you're planning building works that affect a shared wall, boundary, or structure, the Party Wall etc. Act 1996 is a vital piece of legislation you must understand. Failing to comply can lead to costly disputes, delays, and even legal action. This guide outlines the 10 essential things you need to know to stay compliant and maintain good relations with your neighbours.
1. What Is the Party Wall etc. Act 1996?
The Party Wall etc. Act 1996 is a law in England and Wales designed to prevent disputes between neighbours when building work affects shared structures. It applies to party walls (shared walls between properties), party fence walls (walls on the boundary), and excavations near neighbouring buildings.
2. When Does the Act Apply?
The Act applies when you plan to: • Work on a shared wall (e.g., cutting into a party wall, inserting beams, or removing chimneys). • Build on the boundary line between two properties. • Excavate within 3 or 6 metres of a neighbouring structure, depending on the depth of your excavation.
3. You Must Serve a Party Wall Notice
If your work falls under the Act, you are legally required to serve a party wall notice on your adjoining owners. This must be done at least 1 to 2 months before starting the work, depending on the type of project.
4. Types of Party Wall Notices
There are three types of notices you might need to serve: • Line of Junction Notice: For building on the boundary line. • Party Structure Notice: For work on an existing party wall or structure. • Notice of Adjacent Excavation: For excavations near neighbouring properties.
5. Your Neighbour’s Response Matters
Once served with a notice, your neighbour (the adjoining owner) has 14 days to respond. They can: • Consent to the works. • Dissent, in which case a party wall surveyor will be appointed to resolve the matter. • Ignore the notice, which automatically counts as dissent after 14 days, requiring the appointment of a surveyor.
6. Party Wall Surveyors
If there’s a disagreement, one or two party wall surveyors will be appointed to create a party wall award—a legally binding document that outlines how the work should proceed. The surveyors ensure the rights of both parties are protected and help avoid disputes.
7. Costs Are Typically Paid by the Building Owner
In most cases, the building owner (the person carrying out the works) pays for the surveyor’s fees and other associated costs. This includes any reasonable expenses incurred by the adjoining owner.
8. The Party Wall Award
The party wall award will set out: • Details of the proposed work. • How and when the work will be carried out. • Measures to protect the adjoining property. • A schedule of condition, recording the pre-existing state of the neighbouring property to help resolve future claims.
9. What Happens if You Don’t Comply?
Failure to comply with the Party Wall etc. Act can lead to serious consequences, including: • Injunctions to stop work. • Claims for damages if the work causes harm to the adjoining property. • Delays and additional costs due to disputes.
10. Maintaining Good Neighbour Relations
While the Act provides a legal framework, maintaining open communication with your neighbours can help prevent misunderstandings and foster goodwill. A friendly discussion before serving the formal notice often makes the process smoother.
Final Thoughts
The Party Wall etc. Act 1996 is crucial for anyone undertaking building works near shared walls or boundaries. By understanding its key provisions, serving proper notices, and engaging qualified surveyors, you can avoid disputes and ensure your project proceeds smoothly.
If you need professional advice or assistance with party wall matters, feel free to contact us. Our experienced party wall surveyors can guide you through every step of the process, from serving notices to resolving disputes.
