The Party Wall etc. Act 1996: a guide for homeowners

What the Act is for

The Act provides a way to prevent and resolve disputes when someone carries out work to a shared wall or structure, builds on or at the boundary, or excavates near a neighbouring building. It gives building owners certain rights to carry out the work, and gives neighbours protection, with a process to follow.

When it can apply

Typical situations include:

• Work to a party wall or party structure, such as cutting into it, raising it, underpinning it, demolishing and rebuilding, or inserting a damp-proof course or beams.
• Building a new wall at the boundary or astride it.
• Excavating near a neighbouring building, where the excavation is within a certain distance and below the level of the neighbour's foundations.

The details of what counts, and the distances involved, are set out in the Act, so check them for your case.

It gives building owners certain rights to carry out the work, and gives neighbours protection, with a process to follow.

Notices

If the Act applies, the building owner must serve written notice on affected neighbours, before work starts. There are different kinds of notice for the different situations, with minimum periods, commonly in the range of one to two months. Notices must contain certain information. Starting without proper notice can lead to problems, such as an injunction or a dispute.

What the neighbour can do

After receiving notice, a neighbour can:

• Consent to the work, in writing.
• Dissent, or not respond within the time limit, which is treated as a dispute.
• Serve a counter-notice in some cases, to request additional work.

If there is a dispute

When there is a dispute, the Act provides for surveyors to settle it. Both owners may agree on a single "agreed surveyor", or each may appoint their own, with the two choosing a third if needed. The surveyors prepare a party wall award, which sets out what work may be done, how and when, and may record the condition of the neighbour's property before the work (a schedule of condition). Usually the building owner pays the reasonable costs.

Practical tips

• Talk to your neighbour first, in person, before any formal notice. A friendly conversation prevents many disputes.
• Take advice early from a party wall surveyor.
• Allow time in the programme.
• Record the condition of the neighbour's property before work starts.
• Follow the award.
• Keep records.

What it does not do

A party wall award does not give permission under planning law or Building Regulations. See Planning permission in England and Building Regulations explained. It also does not deal with every issue between neighbours, such as rights of light.

In short

If work touches a shared wall, the boundary or deep digging near a neighbour, check whether the Act applies, talk to the neighbour, serve proper notices, and take professional advice.

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