What is the Party Wall Act? A Complete Guide for Property Owners

The Party Wall etc. Act 1996 (“the Act”) is a cornerstone of property law in England and Wales that governs works affecting shared structures and boundaries between properties. It sets out the legal framework for notifying neighbours, resolving disputes, and carrying out works in a way that protects the interests of both building owners and adjoining owners. Whether you are a homeowner planning an extension, an architect designing a development, or a solicitor advising a client, understanding what the Party Wall Act is and how it operates is essential.

This guide provides a detailed, professional overview of the Act, with references to the statutory provisions, practical examples, and procedural tips.

1. Purpose and Scope of the Party Wall Act

The Act applies to three main categories of work:

Works on an existing party wall or structure – e.g., cutting into a shared wall to insert beams, raising the height of a wall, or removing a chimney breast.

Construction of a new wall on the boundary line – known as the “line of junction”.

Excavation near neighbouring buildings – within certain distances and depths, as set out in Section 6 of the Act.

Statutory Reference: Section 1(2) provides that “If a building owner desires to build a party wall or party fence wall on the line of junction he shall, at least one month before he intends the building work to start, serve on any adjoining owner a notice which indicates his desire to build and describes the intended wall.”

Professional Insight: The scope is wider than many realise - it includes floors and partitions between flats (“party structures”), not just boundary walls. It also covers certain excavations even where no wall is directly affected.

2. Definitions Under the Act

Clarity on statutory definitions is essential for correct application:

Party Wall – A wall that forms part of a building and stands on land of different owners, or separates buildings of different owners.

Party Fence Wall – A boundary wall (not part of a building) on lands of different owners used to separate those lands.

Party Structure – A party wall, or a floor or partition separating buildings or parts of buildings with separate access.

Building Owner – The person intending to carry out works.

Adjoining Owner – The owner of neighbouring land or buildings affected.

Statutory Reference: Section 20 provides these definitions in full. See our article on Understanding the Legal Definition of a Party Wall, Party Fence Wall, and Party Structure for more information.

3. Rights Granted to Building Owners

Section 2 of the Act sets out the building owner’s rights to:

Underpin, thicken, or raise a party wall.

Cut into a party structure to insert beams or damp-proof courses.

Demolish and rebuild defective party walls.

Cut away projections such as overhanging chimney breasts.

Carry out works incidental to connecting a party structure with their own premises.

Quote: “A building owner shall have the following rights - to underpin, thicken or raise a party structure… to cut into a party structure for any purpose… to demolish a party structure which is of insufficient strength or height for the purposes of any intended building…” (Section 2(2), abridged)

Practical Note: These rights are conditional - the building owner must make good any damage caused and comply with statutory notice requirements.

4. Notice Requirements

The Act prescribes different notice periods depending on the type of work:

Party Structure Notice – At least two months before starting work affecting an existing party wall or structure (Section 3).

Line of Junction Notice – At least one month before building on the boundary (Section 1).

Adjacent Excavation Notice – At least one month before excavating near an adjoining building (Section 6).

Quote: “A party structure notice shall… be served at least two months before the date on which the proposed work will begin.” (Section 3(2)(a))

Failure to serve the correct notice is one of the most common causes of disputes and potential injunctions.

5. Counter Notices and Modifications

The adjoining owner can serve a counter notice (Section 4) within one month, requiring additional works for their benefit, such as incorporating chimney flues or deeper foundations.

Professional Tip: Architects and surveyors should advise clients to factor in potential counter notices when programming works.

6. Dispute Resolution and Party Wall Awards

If the adjoining owner dissents or does not respond within 14 days, a dispute is deemed to have arisen (Sections 5 & 6). The Act then requires the appointment of:

One agreed surveyor, or

Two surveyors (one appointed by each owner) who then select a third surveyor.

The appointed surveyor(s) will make a Party Wall Award determining:

The right to execute the works.

The time and manner of execution.

Access arrangements.

Allocation of costs.

Quote: “The award shall be conclusive and shall not… be questioned in any court” except by appeal to the county court within 14 days (Section 10(16)–(17)).

7. Rights of Entry and Access

Under Section 8, the building owner and their contractors may enter adjoining land to carry out authorised works, subject to 14 days’ notice (except in emergencies).

Professional Warning: Entry without notice or outside the scope of the Award risks trespass claims.

8. Cost Allocation

Generally, the building owner pays for the works (Section 11). However, costs may be shared where works are mutually beneficial or requested by the adjoining owner.

Example: If a party wall is raised to accommodate both owners’ extensions, costs can be apportioned according to benefit.

9. Common Pitfalls for Property Professionals

Serving the wrong type of notice or insufficient plans.

Failing to identify all “adjoining owners” (including freeholders and certain leaseholders).

Overlooking excavation provisions under Section 6.

Starting works before the notice period expires or an Award is agreed.

10. Related Topics for Further Reading

What is a Party Wall Agreement

Neighbour Ignores a Party Wall Notice

Who Pays for a Party Wall Surveyor?

Loft Conversion Party Wall Agreement

Key Takeaways - What is the Party Wall Act?

The Party Wall Act regulates works affecting shared walls, structures, and certain excavations.

Compliance is mandatory and protects both parties.

Surveyor involvement is crucial for dispute resolution.

Notices must be accurate, served on time, and in the correct format.

A well-prepared Party Wall Award can prevent costly litigation.

FAQs – What is the Party Wall Act?

Q1: Does the Act apply to garden walls?
Yes, if they are “party fence walls” on the land of different owners and used to separate the properties.

Q2: Can I start work without my neighbour’s consent?
Yes, if the correct notices are served and either consent is given or an Award authorises the works. Starting without following the process risks legal action.

Q3: What happens if my neighbour ignores my Party Wall Notice?
If there is no response within 14 days, a dispute is deemed to have arisen, and surveyors must be appointed.

Q4: Who pays for the surveyors?
Usually the building owner, unless the adjoining owner requests additional works for their benefit.

Q5: How long is a Party Wall Award valid?
There is no statutory expiry, but works must typically start within 12 months of serving the original notice.

Get in Touch

If you are planning works covered by the Party Wall Act, early professional advice can save time, cost, and disputes. At Anstey Horne, our RICS-qualified Party Wall Surveyors act for building owners, adjoining owners, architects, and legal teams across England and Wales.

For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135.

If you would rather we called you instead, please fill in our Contact form and we will be in touch.

For a quick online quote for Party Wall advice, send us the details of your project. For more articles on all aspects of the Party Wall Act see our blog.

For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135.

If you are planning work that is 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 contact: