The Party Wall etc. Act came into force on the 1st July 1997.
You must tell your neighbours if you want to carry out certain categories of building work near or on your shared property boundary, or any works to a ‘party wall’ in England and Wales. There are different rules in Scotland and Northern Ireland.
The Act is intended to enable development to be undertaken whilst providing protection for adjoining owners and occupiers. It achieves this by providing a procedural framework that ensures neighbouring owners are notified of impending construction work.
What is a Party Wall?
A wall is a Party Wall if it stands astride the boundary of land belonging to two or more owners and either:
A wall is a ‘party fence wall’ if it is not part of a building and stands astride the boundary between land of different owners and is used to separate the land such as a masonry garden wall for instance. This does not include wooden fences or hedges. A wall is also a Party Wall if it stands wholly on one owners’ land, but is used by two or more owners to separate their buildings. Floors or walls between flats are ‘party structures’.
What work do you need to tell your neighbour about?
You must tell your neighbour if you want to :
Your neighbour can’t prevent you from making changes to your property that are within the law, but they can affect how and when your works are carried out. Failure to follow the provisions of the Party Wall Act may result in the works being unlawful. If you are not sure whether the Act applies to the work you are planning you should seek professional advice.
Which Owners are affected?
The owners of land who want to undertake work are defined as ‘Building Owners’. The owners or occupiers of adjoining land or buildings are ‘Adjoining Owners’. There may be several ‘owners’ to consider (i.e freehold owner and leasehold owners)
What rights does the Party Wall Act give to a Building Owner?
The Act provides a building owner who wishes to carry out work to an existing party wall additional rights which go beyond ordinary common law rights.
Section 2 of the act lists what work can be done. The most commonly used rights are :
What are a Building Owners’ duties under the Party Wall Act?
There is no official form for giving notice, but it should include :
The notice should be dated, and it is advisable to include a clear statement that it is a notice under the provisions of the Party Wall Act.
How much notice does a Building Owner have to give?
Normally at least two months before the planned start of work to the party wall. The notice is only valid for a year, so it should not be served too early.
What happens after serving notice?
The adjoining owner(s) have 14 days in which to reply. If they agree to the proposed work, then that agreement must be in writing. If an adjoining owner expressly disagrees or does not reply to a Notice within 14 days of receipt, then he is deemed to have dissented and a statutory ‘dispute’ arises. Adjoining owners may also serve a counter notice indicating additional work they would like included for their own benefit and at their own cost.
What happens if a Dispute arises?
Each owner must appoint a party wall surveyor to act for them individually or agree on a single surveyor for act for both owners. Where two surveyors are appointed to act for each owner individually, the two surveyors have to select another surveyor, the third surveyor. If required, the third surveyor would be called upon if the two surveyors cannot agree of if either of the owners or either surveyor calls on the third surveyor to make an Award.
Who can I appoint as a Party Wall surveyor in the event of a dispute?
In this context a surveyor means anyone other than the owners themselves. A suitably experienced person such as a chartered construction professional with knowledge of the requirements of the act is preferable. He or she could be a building surveyor, or a structural engineer or architect with specialist knowledge of party wall matters.
What does a Party Wall surveyor do?
The surveyor (or surveyors) will settle the dispute by making an ‘award’ (also known as a ‘party wall award’). This is a document which sets out :
Who pays a Party Wall surveyor’s fees?
Usually the Building Owner will pay all costs associated with drawing up the award including the adjoining owner’s surveyors’ fees, if the works are solely for the Building Owner’s benefit.
Is a Party Wall Award final?
Each owner has 14 days from service of the award to appeal to the county court against the award. An appeal should not be undertaken lightly. An unsuccessful appellant may incur an award of costs against them. An owner considering an appeal may well wish to seek legal advice.
Once the appeal period has elapsed a Party Wall Award is final and binding.
What happens if the neighbours won’t cooperate?
If a dispute has arisen and the neighbouring owner refuses or fails to appoint a surveyor an owner can appoint a second surveyor on the neighbouring owners’ behalf, so that the party wall procedure can go ahead.
Access to neighbouring property?
Under the Act an Adjoining Owner must, when necessary, allow access to workmen and the Building Owner’s surveyor to carry out works defined in the Party Wall Act (but only for these works), including access required by any surveyor as part of the dispute resolution process.
The Adjoining Owner must be given 14 days’ notice of the intention to exercise rights of entry, except in case of emergency. It is an offence, which can be prosecuted in the magistrates’ court, for an occupier or other person to refuse entry to or obstruct someone who is entitled to enter premises under the Party Wall Act.
What rights do Adjoining owners have under the Party Wall Act?
Adjoining owners should note that the primary purpose of the act is to facilitate development.
In return for rights to carry out certain works, the building owner must comply with the provisions of the Act. This includes the duty to notify you in advance of work starting, for instance. The building owner is legally responsible for putting right any damage caused by carrying out the works, even if the damage is caused by a contractor.
You cannot stop someone from exercising the rights given to them by the act, but you may be able to influence how and at what times the work is done.
If you do not respond to notice from a building owner concerning work to an existing party structure or an excavation, you will be deemed to be in dispute with them. In this case, and in the event of a dispute concerning a new wall at the boundary, if you refuse or fail to concur in the appointment of an agreed surveyor, or to appoint a survivor of your own, the building owner will be able to appoint a second surveyor on your behalf so that the dispute resolution procedure can proceed without your co-operation.
Adjoining Owners have the right to :
Further Guidance when appointing a Party Wall Surveyor
If you are a Building Owner planning work to your property and want help managing the Party Wall process, please get in touch.
For information on how the Party Wall Act affects you see our Party Wall Fact Sheet.
You can also find further information in our Party Wall FAQs. This has been compiled this from questions we are often asked about the Act.
You can also find guidance on choosing a Party Wall Surveyor in our recent news article.
There is some further information in the government’s explanatory booklet on the Party Wall process.
If you are unsure how the Party Wall Act affects your property and want some advice give us a call.
If you would rather we called you instead, please fill in our Contact form and we will be in touch.
Want to read more? Check out our article looking into the costly consequence of ignoring the Party Wall Act.
For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135
If you have any concerns regarding the Party Wall Act; or if you have received a notice from a neighbour and want advice on how best to protect your property, please contact :
If you are planning work covered by the Act, or if you have received notice of work from a neighbour and want advice on how best to protect your property, please call our Enquiry line on 020 4534 3135 or contact:
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