An Introductory Guide to the Party Wall etc. Act 1996
Introduction: Shared Boundaries, Shared Rights
A party wall sits directly on the boundary line of land which belongs to more than one owner. The most common example is the wall which is between two terraced houses, or two semi-detached houses. It goes without saying that undertaking work on one side of such wall may cause an inconvenience to adjoining owners i.e., those who own the land on the other side of the wall. This statute helpfully provides a framework for preventing and resolving disputes.
Scope of the Act: What types of work does this Act cover?
There are three types of work that engage the provisions of this Act.
Work on existing party walls (section 2) – This covers repairs, demolishing, thickening, underpinning, cutting into a party structure for any purpose, such as inserting damp proof course, cutting away from the party wall, and cutting into a neighbour’s wall for weatherproofing. It also includes demolishing an old wall, and putting in its place a new structure, including a party fence wall. Rebuilding may be required in order to conform to statutory requirements, to remedy defects, or to strengthen the wall.
Building a new party wall/fence (section 1) – Where either owner wants to build a completely new structure on the line of the boundary.
Excavations (section 6) – This entails excavating within 3 metres, horizontally, of an adjoining owner’s building, if the work goes deeper than the adjoining owner’s buildingfoundations, or within 6 metres, if it meets a 45-degree downward angle from the adjoining owner’s buildingfoundations.
The types of work which are not covered by this Act are minor works, which include small, non-structural tasks that do not impact the strength or integrity of a shared wall and thus do not require a formal legal notice or agreement.
Serving Notice: Timelines and Requirements
For each type of work, the Act requires a building owner to serve notice on any adjoining owners. The requirements and particulars of the notice will depend on the type of work, but all notices cease to have effect if the work does not begin within 12 months of service of the notice or is not prosecuted with due diligence.
For work on existing walls, notice shall be served at least two months before the date on which the proposed works begin. Such a notice is referred to as a ‘party structure notice’, and must include:
a. the name and address of the building owner;
b. the nature and particulars of the proposed work including, in cases where the building owner proposes to construct special foundations, plans, sections and details of construction of the special foundations together with reasonable particulars; and
c. the date on which proposed work will begin.
Upon receipt of such a notice, an adjoining owner may serve a counter-notice within one month, which sets out requirementsto include certain features (like chimney supports or extra wall pillars) for the adjoining owner’s benefit, as long as the feature is reasonably required for their convenience. If the adjoining owner has consented to special foundations, the counter-notice may also include a requirement to make them deeper or stronger to support their own future building plans.The adjoining owner must specify the works with particulars and provide plans. A building owner must follow the neighbour’s requested changes unless those changes would:
a. damage their interests or property;
b. cause them unnecessary trouble; or
c. cause an unreasonable delay to the original building project.
If either no counter-notice is served within 14 days, the building owner does not agree to comply with the adjoining owners’ requests, or the adjoining owner dissents, a dispute will have arisen.
Procedure for building new walls
When building a new wall/fence, notice shall be served at least one month before the works are intended to start. The notice must indicate the desire to build and describe the intended wall.
If within 14 days of service of the notice, the adjoining owner serves notice indicating consent, the wall shall be built half on the land of each of the two owners or in such other position as they may agree. Both owners will share the cost of building the wall based on how much each person uses it and the current price of labour and materials at the time they use it. If the adjoining owner does not consent, the building owner may only build the wall at his own expense and as an external wall or a fence wall, placed wholly on his own land.
Procedure for excavation
For excavations, notice shall be served at least one month prior to the beginning of the excavation. The notice must indicate proposals and state whether there is a proposal to underpin or otherwise strengthen or safeguard the foundations of the building or structure of the adjoining owner. It shall also be accompanied with plans and sections showing the site and depth of exaction and if intending to erect a building or structure, its site too.
If an adjoining owner who receives such notice does not serve notice indicating consent within 14 days, then he is deemed to have dissented, such that a dispute will have arisen.
Section 10 Dispute Resolution
Where a dispute has arisen, or has deemed to have arisen, the parties shall follow the dispute resolution procedure detailed in section 10. The first step is for both owners to concur in the appointment of an agreed surveyor. If they are unable to agree, then each owner should appoint a surveyor in writing, and the two appointed surveyors should appoint a third surveyor. If either party does not engage in the process, for a period of ten days from the day they were requested to do so, then the other party can make the appointment on their behalf.
The agreed surveyor or the surveyors may determine the disputed matters and make the necessary award. An award may determine:
a. the right to execute work;
b. the time and manner of executing the work; and
c. any other matter arising from the dispute including costs of the award.
Unless the building owner and adjoining owner agree otherwise, any time limit set by the award for work to be completed will not start until the statutory notice period for the disputed work has expired. The award is conclusive,except that within 14 days of being served an award, either party may file an appeal with the county court. The court may then either cancel or modify the award at its discretion, and issue orders regarding the payment of legal costs.
Conclusion
Ultimately, the Act functions as a statutory bridge between neighbouring interests, designed to facilitate construction while safeguarding property rights. When a building owner refuses to acknowledge a counter-notice or ignores the resolution process, they do not bypass their obligations; they simply shift the matter into the hands of surveyors and the legal system.
By triggering the Section 10 dispute resolution mechanism, the Act ensures that work can eventually proceed under the authority of a binding Party Wall Award, protecting both parties from arbitrary decisions and structural risks. While the process may seem procedural, strict adherence to these statutory timelines and notice requirements is the most effective way to insulate a project from costly court injunctions and long-term neighbourly disputes.
