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Understanding the Party Wall etc. Act 1996

Key provisions and how it operates
Understanding the Party Wall etc. Act 1996

Overview of the Act’s Framework and Scope

The Party Wall etc. Act 1996 provides a legal framework to facilitate certain building works that affect shared walls or nearby structures while preventing and resolving disputes with adjoining owners. In simple terms, it balances a building owner’s right to alter their property against the neighboring owner’s right to avoid damage or undue inconvenience.

The Act applies to specific types of work:

  • Building a new wall on or at the boundary between properties (Section 1)
  • Altering, extending, or repairing an existing party wall or party structure (Section 2), or even attaching new building work to it
  • Excavating near a neighbouring building (Section 6), such as digging foundations or a basement within certain distances and depths relative to the neighbour’s building
  • Geographical Coverage: The Act is in force across England and Wales (it does not apply in Scotland or Northern Ireland). It covers all kinds of properties – residential, commercial, institutional – as long as the work falls under the categories in the Act. Both terraced/semi-detached houses and adjacent standalone buildings can be subject to the Act if the planned work is within the Act’s scope.

Types of Work Requiring Notice (Sections 1, 2, and 6)

Under the Act, notifiable works are chiefly those likely to affect the structural or boundary interests of a neighbour. The key sections of the Act define these as follows:

  • Section 1: New Walls at the Boundary – Covers building a new wall at or astride the line of junction (boundary) between two properties. For example, if you plan to construct an extension and build a new wall along the shared boundary line (where no wall existed before), or attach a new wall to the boundary, this section applies. You must notify the neighbour even if the new wall will be wholly on your side, because it could affect the boundary and the neighbour’s ability to use that wall in future.
  • Section 2: Works to Party Walls or Structures – This is the broadest category. It allows a building owner to carry out works on an existing party wall, party floor/ceiling, or shared boundary structure. Typical works include: cutting into a party wall to install beams or flashings, raising the height of a party wall, thickening it, demolishing and rebuilding a party wall, or exposing it (e.g., removing a chimney breast from a party wall). Even minor works like drilling to insert fixings, or damp-proof coursing in a shared wall, can fall under Section 2. Essentially, if it’s an alteration that affects a wall or structure you share (or a garden wall built astride the boundary), it is likely covered.
  • Section 6: Adjacent Excavations and Foundations – Applies when you plan to dig near your neighbour’s building to a depth that might undermine its foundations. There are two distance criteria under this section:
    • Within 3 metres of their building, if digging below the bottom of their foundations.
    • Within 6 metres, if digging below a line drawn down at 45° from the bottom of their foundations (this typically captures deeper excavations a bit further away).
    • Common examples are excavating for new foundations, a basement, or a swimming pool. If your project involves substantial digging, Section 6 likely requires you to serve notice, even if the digging is entirely on your land, because of the potential effect on the neighbour’s structure.

Note: If your work doesn’t fall into Section 1, 2, or 6, the Act may not apply. For instance, purely internal works within your own building (that don’t affect a party wall’s structure) or very superficial changes (like putting up shelves on your side of a party wall) typically are not notifiable. However, when in doubt, it’s wise to seek advice – better to err on the side of caution and serve notice if you think the Act might apply.

Serving a Party Wall Notice: Procedure and Requirements

A formal Party Wall Notice must be given to all affected adjoining owners before starting any work covered by the Act.

The following minimum periods give your neighbour time to consider the proposal. (If the neighbour is agreeable, they can consent to an earlier start in writing, but they are not obliged to. Notices are only valid for 12 months, so you shouldn’t serve them too far in advance of when you intend to begin work.

  • At least 2 months’ notice before work commences for Section 2 works (existing party walls).
  • At least 1 month’s notice for Section 1 (new boundary walls) or Section 6 (excavations).

You must serve notice on “all Adjoining Owners” – this includes freehold owners and any leasehold owners with leases over 1 year of the neighboring property. For example, if your neighbor’s house is rented out, you may need to serve the notice to both the landlord and the long-term tenant if the tenant has a qualifying lease. In most typical cases, serving the freehold owner suffices (e.g., the neighbour who lives next door and owns their home).

A party wall notice should be in writing and include key information:

  • Your name and address (and the address of the building where work is planned, if different).
  • Full details of the proposed work – what you intend to do, and how (for example, “to excavate for a new two-storey rear extension 3m from the adjoining owner’s house, to a depth of 1m below the existing foundation level”). Reference the relevant section of the Act if known.
  • Start date – when you plan to commence the work (must be after the notice period). It’s common to phrase this as “on or after [date]” to give some flexibility.
  • Invitation to consent or appoint a surveyor – the Act doesn’t prescribe exact wording, but it’s standard to ask the neighbour to either consent or dissent (object) within 14 days, and inform that if they do not respond, a dispute is deemed to have arisen under the Act.

Notices can be delivered by hand or by mail. Since 2016, they may be served via email as well, if the adjoining owner has expressly agreed to receive notices electronically. It’s prudent to keep proof of service (like a postal receipt or a written acknowledgment from the neighbour). If the neighbour is absent or unreachable, the Act allows alternatives (posting it to a last known address, etc., and even fixing it to a conspicuous part of the property if needed).

If your work affects multiple neighbours (e.g. you’re in a terrace and excavating near two adjacent homes), you must serve each of them separately. Each adjoining owner can make their own decision on consent or dissent.

Neighbour’s Response to a Notice: Consent, Dissent, or Counter-Notice

Once the adjoining owner receives your notice, they have a few options in how to respond:

Consent to the Proposed Works:

If the adjoining owner is happy with what you’ve described, they can consent in writing. They might simply sign and return a consent note. Consent means you can proceed with the work as described, but it’s wise (and common) even in this case to agree on a Schedule of Condition of the neighbour’s property. This is a detailed record (often with photographs) of the neighbouring areas before work starts, so that any claims of damage can be easily assessed later. Even though a consent means no surveyors under the Act, neighbors often amicably agree to document conditions to protect both sides.

Dissent (Disagree)

If the adjoining owner is not satisfied or just wants the protection of the Act’s dispute process, they can dissent. Dissent doesn’t necessarily mean they oppose the work entirely; it often means “I want certain conditions” or simply that they prefer a formal Party Wall Award to be in place. They may respond by nominating a surveyor to act for them, or just by writing back “I dissent; I wish a surveyor to be appointed.” Once dissent is given (or if no response is received within 14 days of serving the notice, the law treats that as a dissent by default), then a “dispute” is deemed to have arisen under the Act. This kicks off the dispute resolution procedure (explained below under “Party Wall Award”).

Counter-Notice by Adjoining Owner

In some situations, the adjoining owner might serve a counter-notice within one month of the original notice. A counter-notice is the neighbour saying, “I consent to your work provided you also do the following additional work…” which usually is something beneficial to the neighbour. For example, if you notified an intention to build a new wall on the boundary (Section 1), the neighbour could counter-notice requiring you to build the wall as a party wall (astride the boundary) so that they have rights over it too – in which case they might contribute to the cost. Or if you propose to expose their wall (by demolishing a structure of yours attached to it), they might counter-notice for you to weatherproof or seal the exposed side. If a counter-notice is served, you as the building owner have to respond (agree or disagree) within 14 days. Any disagreements over a counter-notice also become part of the “dispute” to be handled by surveyors.

No Response

If the adjoining owner does not reply at all within 14 days, this is treated as a dissent by silence (a dispute arising). The building owner then must proceed to appoint a surveyor on the neighbour’s behalf so that the process can move forwar. In practice, this scenario is common – sometimes neighbours ignore notices. The Act anticipates this by allowing the building owner to still get an Award done: you would appoint your own surveyor, inform the neighbour in writing again that they failed to respond and you are now appointing a surveyor for them, and then two surveyors will produce an Award. (The neighbour is not allowed to just ignore the Act and thereby stall your project indefinitely.)

The Party Wall Award: Dispute Resolution through Surveyors (Section 10)

When a dispute arises (through dissent or no response), the next step is for each side to appoint a surveyor. The building owner may appoint one, and the adjoining owner either appoints their own or, if they agree, both parties can share one “Agreed Surveyor”. Using one agreed surveyor can save time and cost, as that single surveyor acts impartially for both. If separate surveyors are appointed, those two surveyors will then select a Third Surveyor at the outset (kind of a referee). The third surveyor steps in only if the two cannot agree on some aspect, or if either party invokes the third surveyor to make an Award (this is rare; normally the first two surveyors reach a consensus).

Importantly, party wall surveyors do not act as advocates for the appointing owners (despite being chosen by one side). Under the Act, the surveyors must act impartially and consider the rights of both parties. Their job is to settle the dispute by producing a Party Wall Award (also simply called “the award”). They have broad powers to decide how the work should proceed and what protections or compensations are appropriate for the adjoining owner. Typically, the surveyors will review the planned drawings, possibly inspect the properties, and then agree on conditions.

Contents of a Party Wall Award

A Party Wall Award is a formal document, akin to a binding agreement, which usually includes:

  • Details of the works authorised (with any modifications or additional precautions). It may specify methods of construction to minimise risk.
  • Working times or restrictions (for example, no work before 8am or after 6pm, to reduce nuisance).
  • Access provisions: confirming the building owner’s right of access to the neighbour’s land if needed for the works (under Section 8) and how that should be arranged.
  • Protective measures: such as requiring the building owner to implement certain safeguards (e.g., underpinning, shoring, vibration monitoring, dust protection for the neighbour’s rooms).
  • Schedule of Condition: often appended, documenting the pre-work condition of the adjoining property (so any new damage can be assessed against this record).
  • Making good damage: an explicit clause that the building owner must repair any damage caused by the works, or pay for repairs. The Act (Section 7(2)) requires this, and Awards typically spell out that any cracks or defects caused must be put right to the neighbour’s satisfaction or compensated in money.
  • Costs and fees: which party pays what. Generally, the building owner who initiated the project pays the reasonable surveyors’ fees and the cost of any damage repair. If the neighbour has requested additional work for their own benefit (under a counter-notice), they might have to share costs for that portion (per Section 11).
  • Security for expenses: if the adjoining owner requested a security deposit, the Award will note the sum and arrangements.

Once the Award is agreed and signed by the surveyor(s), it is served on both owners. It is binding and both parties must comply. The building owner can then proceed with the work, but only in accordance with the terms of the Award. The adjoining owner must allow the works to be carried out as awarded (for example, granting access if required by the Award). Surveyors can include a provision for them to have access during the works to inspect progress and ensure compliance.

Typically, the building owner pays all surveyors’ fees (both theirs and the adjoining owner’s surveyor) as the works are for their benefit. The Act’s principle is that the building owner should bear the cost of facilitating the work. The only time an adjoining owner might pay is if they have requested extra works for their own advantage or if negligence is involved on their part. Surveyors decide fee allocation in the Award. There is no fixed scale of fees; they must be “reasonable” and can vary, but unreasonable fees can be challenged if needed.

If either party is unhappy with the Award (believing perhaps that the surveyors acted beyond their powers or made an error), they have a right to appeal to the county court within 14 days of being served with the Award. If no appeal is lodged in that time, the Award becomes conclusive. Appeals are not common – they can be costly and courts tend to uphold surveyors’ decisions unless there’s a clear mistake. As a building owner, you should only appeal with solid grounds, and be aware a failed appeal could result in you paying both sides’ legal costs.

Rights and Responsibilities of the Building Owner vs Adjoining Owner

The Building Owner

Under the Act, as a building owner you gain legal rights to do work that otherwise could be blocked. For example, you have the right to enter the adjoining land (your neighbour’s property) if necessary to carry out the permitted works or to inspect regarding the work. This might involve erecting scaffolding on the neighbour’s side or digging on their side of the boundary if needed for your foundations. The Act requires you to give 14 days’ notice before exercising this right of entry (often this is built into the Party Wall Notice or Award). The neighbour cannot refuse reasonable access – it’s actually an offence to obstruct someone with a legal right of entry under the Act. Another right is to do necessary adjacent excavation or underpinning on your neighbour’s side if it’s needed to safeguard both buildings (with proper notice and an Award in place).

You must, however,carry out the works in accordance with the Act and any Award. This includes doing the job with “due care and caution” to avoid unnecessary damage. By law, you must make good (repair) any damage to the adjoining premises caused by your works, or compensate the neighbour for it. You also have to follow any time restrictions or methods imposed (e.g., if the Award says hand-digging near the neighbour’s wall, you can’t just use a mechanical excavator). Moreover, you are responsible for the neighbour’s reasonable costs that arise due to the works – for instance, if the neighbour had to temporarily move out during particularly disruptive work, you might be liable for their alternative accommodation costs (the Act allows such provisions in awards). Essentially, you get to do your work, but you accept the duty to protect your neighbour’s property and comfort as much as possible.

The Adjoining Owner

The neighbour has the right to be notified in advance and to have a say through either consenting or dissenting. If a dispute arises, they have the right to appoint a surveyor to represent their interests and help formulate the Award. They also can insist on certain safeguards: for example, they can request a security for expenses (a deposit) if worried about your ability to fund potential damage repairs (see Article 4), and can request their own contractor be allowed to do specific protective works if reasonable. They have a right to not have their property undermined or their daily life subjected to undue inconvenience – the Act actually says you must not cause “unnecessary inconvenience” to the adjoining occupier (Section 7(1)). They also have the right to legal recourse if you don’t comply – if you start notifiable work without notice or ignore the Award’s terms, the adjoining owner can seek a court injunction to halt your works.

While the Act favors protecting the neighbour, adjoining owners do have some duties. They must permit access for the works to be done if the Act entitles the building owner to it. They need to cooperate in letting surveyors do inspections and shouldn’t unreasonably interfere. If they agreed in a counter-notice to pay part of the work (say for a thicker party wall they requested), they must follow through on that payment as determined. And importantly, if an Award is in place, they should abide by it just like the building owner – for instance, allowing workmen on the agreed dates, clearing personal items that might be in the way, etc., as long as those requirements are in the Award or notice.

Consequences of Not Following the Act

Starting relevant work without serving the required notice is a breach of the Act. The immediate risk is that the adjoining owner can seek a court injunction to stop the works until you comply with the Act. Courts typically grant such injunctions quickly to enforce the Act, which can delay your project and add legal costs. Additionally, as confirmed in a recent Court of Appeal case Power & Kyson v. Shah [2023], if you don’t serve notice, you actually lose the benefit of the Act’s dispute process altogether. In that case, a building owner proceeded with notifiable works without notice; surveyors tried to step in and make an Award, but the court held the Act could not be invoked unilaterally by the neighbour after the fact. The result was the building owner faced a normal lawsuit for nuisance/trespass – a far costlier and riskier scenario, with no Party Wall Award protection. Bottom line: as a building owner, it’s in your interest to use the Act properly; skipping notice doesn’t avoid hassle, it increases it.

Should the adjoining side refuse to cooperate entirely (for example, refuse access when the Act allows it, or ignore the surveyor’s appointment), the building owner has legal remedies. The Act allows a second surveyor to be appointed on the neighbour’s behalf to ensure the Award can be made. And if a neighbour physically prevents entry unlawfully, they could face legal action (even criminal prosecution for obstruction, in extreme cases.

If either party breaches the terms of an Award, it is enforceable in court. For instance, if the Award says the building owner must fix cracks caused, and they fail to, the neighbour can sue for damages or get an injunction for compliance. Conversely, if a neighbour blocks works allowed by an Award, the building owner can seek an injunction to enforce their rights under the Award. In practice, such situations are rare because once an Award is in place, both sides usually adhere to it.

If a dispute somehow isn’t resolved (say surveyors cannot agree and even the third surveyor process falters, or there’s a fundamental question of interpretation), parties might end up in court. The court can appoint a surveyor or make its own determination in some circumstances, but again this is exceptional. Appeals on Awards must be within 14 days; missing that window generally locks in the Award.

The Act also has a couple of criminal offence provisions – notably for denying legal entry to those who are entitled (as mentioned). However, typical Party Wall Act issues (like not serving notice) are not criminal, they’re civil matters. The Act relies on cooperation and civil enforcement, not police, except in the specific case of obstructing entry.

Key Takeaways for Building Owners - A Summary

  1. Check if your project is covered by the Act – common ones are loft conversions, extensions, basements, removal of shared chimneys, etc. If yes, serve a proper notice to your neighbour well before you start.
  2. Talk to your neighbours – The legal notice is important, but a friendly chat or letter explaining your plans can smooth the way. The Act’s process works best alongside good communication.
  3. Be prepared to appoint a surveyor – If your neighbour isn’t comfortable consenting, you’ll need to hire a party wall surveyor. Budget for this in your project (fees can be a few hundred to over a thousand pounds, depending on complexity). Remember, you usually pay for the neighbour’s surveyor too.
  4. Follow the Award – Once you have a Party Wall Award, treat it like a set of rules for your build. Share it with your architect/builders so everyone knows the limits (times of work, protection measures, etc.). If something changes in your plan, you may need to get the Award amended or a new notice – don’t just deviate without consulting your surveyor.
  5. Don’t ignore the Act – It’s tempting to avoid “hassle” and hope a neighbour won’t notice your works, but this can backfire badly. The law is there to protect both of you. Using it legitimately will give you a smoother project with less risk of expensive disputes. As one legal commentary notes, the Act’s procedures keep most issues out of court precisely because they are practical and fair to both sides.

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