Party Wall etc. Act 1996: The Definitive Guide
The Party Wall etc. Act 1996 is the law in England and Wales that sets a process for certain building work near or on a shared wall or boundary. It makes the person doing the work tell the neighbour first, and gives a route to settle disagreements through surveyors. It does not apply in Scotland or Northern Ireland.
What the Act covers
It covers three kinds of work. Each has its own section of the Act.
The Act works alongside planning permission and building regulations, not in place of them. Having one of those approvals does not remove the need for a party wall notice.
- Section 1: building a new wall on the line of junction between two properties
- Section 2: work to an existing party wall or party structure, such as cutting into it, raising it, underpinning or inserting steel beams
- Section 6: excavation near a neighbouring building, within 3 metres or within 6 metres depending on depth
The two roles
The person carrying out the work is the building owner. The neighbour is the adjoining owner. Freeholders and long leaseholders can both be owners. Tenants on short tenancies are not, but their landlord is.
Notices and timing
The building owner serves written notice. The minimum is 2 months before work starts for work to an existing party wall, and 1 month for a new wall on the line of junction or for excavation. A notice lapses if work has not started within 12 months.
The adjoining owner has 14 days from receiving it to respond in writing. If they do not, a dispute is treated as having arisen.
Surveyors and the award
Once there is a dispute, surveyors must be appointed. The owners can share one agreed surveyor or appoint one each, with a third surveyor if the two disagree. They make an award setting out the work, timing, access and costs.
Either owner has 14 days from receiving the award to appeal to the county court.
Costs and damage
The building owner normally pays the reasonable costs of the process, including the neighbour's surveyor's reasonable fees, where the work is for their benefit. They must also make good any damage the work causes or pay for it to be made good.
If notice is skipped
The Act creates no criminal penalty for failing to serve a notice. The remedies are civil, such as an injunction or damages. Skipping notice tends to raise cost and risk for everyone.
Frequently asked questions
Does the Act apply to every building job?
No. It applies to the three kinds of work above. Cosmetic work such as plastering or redecorating usually does not trigger it.
Do I need a solicitor?
Usually not for the process. A party wall surveyor handles the technical side. Take legal advice if there is a court dispute or a difficult point of law.
Is there a time limit on the award?
The Act is not clear on this in a way most readers can rely on. Ask your surveyor to state timing in the award and get advice.
Source: Party Wall etc. Act 1996 on legislation.gov.uk
Related guides
- What is a Party Wall Surveyor?
- Understanding Section 1 of the Party Wall Act: New Walls on Junction Lines
- Understanding Section 2 of the Party Wall Act: Existing Party Walls
- Understanding Section 6 of the Party Wall Act: Excavation Within 3 or 6 Metres
Last updated: . This page is general information about the Party Wall etc. Act 1996 (England and Wales). It is not legal advice. Every property and dispute is different, so take advice from a party wall surveyor or a solicitor before you act.