What the Act is for
The Party Wall etc. Act 1996 sets out a process for neighbours when one of them wants to build. It gives the person doing the work (the building owner) the right to do certain things to a shared wall or near a neighbour’s foundations, and it gives the neighbour (the adjoining owner) the right to be told in advance and to have their property protected.
It applies in England and Wales. It is about how work is done, not whether it may be done at all.
Words the Act uses
| Term | Meaning |
|---|---|
| Building owner | The owner who plans the work |
| Adjoining owner | The neighbouring owner who may be affected. This includes freeholders and leaseholders with more than a year to run, and not only whoever lives there |
| Party wall | A wall on the boundary between two owners’ land, or a wall wholly on one owner’s land that two owners use to separate their buildings |
| Party fence wall | A wall that is not part of a building but stands on the boundary, such as a masonry garden wall. Wooden fences and hedges are not covered |
| Party structure | A wider term: a wall, floor or other structure that separates buildings or parts of buildings approached solely by separate staircases or entrances, as between some flats. See flats, leaseholders and tenants |
| Line of junction | The line where the two owners’ land meets |
The three kinds of work it covers
| Section | Work | Minimum notice |
|---|---|---|
| Section 1 | A new wall built on the line of junction. See Section 1 notices | 1 month |
| Section 2 and 3 | Work to an existing party wall or party structure: cutting in beams, raising, underpinning, removing a chimney breast. See Section 3 notices | 2 months |
| Section 6 | Excavation near a neighbouring building. See Section 6 notices | 1 month |
A notice is valid for 12 months from the day it is served. A single project can need more than one kind of notice.
The 3 metre and 6 metre rules
Section 6 catches digging that could undermine a neighbour’s building. It applies in two cases:
- Within 3 metres of a neighbouring building or structure, where you dig deeper than the base of their foundations.
- Within 6 metres of it, where any part of the excavation cuts a line drawn downwards at 45 degrees from the base of their foundations.
- Within 3 m and deeper than their foundations: notice needed.
- Within 6 m and cutting the 45 degree line drawn down from the base of their foundations: notice needed.
- Within 6 m but clear of the 45 degree line: no Section 6 notice.
Work that often triggers Section 6 includes deep foundations for an extension, basements, underpinning, lift pits and piling. If you are not sure how deep your neighbour’s foundations are, a trial hole will tell you, and it is often safer to serve the notice anyway. Read more in Section 6 party wall notices.
What happens after a notice is served
- The neighbour has 14 days to reply. They can consent in writing, dissent, or serve a counter notice within one month.
- If they consent, and the notice period has run, the work may go ahead as described.
- If they dissent, or say nothing to a Section 3 or Section 6 notice, the Act treats this as a dispute.
- Surveyors are appointed. One agreed surveyor for both owners, or one each. If an owner does not appoint, the other can ask them to and, after ten days, appoint on their behalf.
- The surveyors make an award, with a schedule of condition of the neighbouring property.
- Either owner can appeal to the county court within 14 days of the award being served.
For a new wall on the boundary (Section 1), no written consent within 14 days means the wall cannot be built on the line of junction and must be built wholly on the building owner’s own land.
Who pays
As a general rule the building owner pays the reasonable costs of the surveyors, including the adjoining owner’s surveyor, where the work is for the building owner’s benefit. Where work is needed because of a defect in a shared structure, the costs may be shared according to each owner’s use of it and responsibility for the defect. Read more in who pays for a party wall surveyor.
What the Act does not cover
- Planning permission and building regulations. These are separate. Having them does not replace a notice, and a notice does not give you them.
- Boundary disputes and ownership. The Act does not decide where the boundary is or who owns a wall.
- Rights of light and views. A right to light can exist in law, but it is separate from this Act and is dealt with by other means. There is no general right to a view.
- Noise, dust and similar nuisance. These are for the local authority’s environmental health team.
- Minor work such as fixing shelves, adding sockets or replastering, which may not need a notice.
- Enforcement. The Act has no criminal penalty for failing to serve a notice. Remedies are civil, such as an injunction or damages. See what to do if a neighbour starts work without a notice.
Read the Act itself
The wording of the Act is published on legislation.gov.uk: Party Wall etc. Act 1996. The sections quoted most often are Section 1 (a new wall on the line of junction), Section 2 (the rights a building owner has over a party structure), Section 3 (party structure notices) and Section 6 (excavation near a neighbour’s building). The Government also publishes a plain-English explanatory booklet and party wall guidance.
Where to go next
If you are planning work, read help for building owners. If a neighbour has served you a notice, read help for adjoining owners. For quick answers, see the questions and answers.
Quick answers about the Act
Does the Party Wall etc. Act 1996 apply everywhere in the UK?
No. It applies in England and Wales. It does not apply in Scotland or Northern Ireland.
Is a party wall notice the same as planning permission?
No. Planning permission and building regulations approval are separate from the Act. Having one does not replace the other, and a project can need all three.
Is there a penalty for not serving a notice?
The Act has no criminal penalty for it. The remedies are civil. A neighbour can ask the court for an injunction to stop the work, or claim damages for harm caused.