The basics
What work is covered by the Party Wall etc. Act 1996?
Three kinds: building a new wall on the boundary, work to an existing party wall or party structure, and excavation near a neighbouring building. See the Act explained.
What is a 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. Where only part of a wall divides two buildings, that part is the party wall.
What is a party fence wall?
A wall that is not part of a building but stands on the boundary, such as a masonry garden wall. Timber fences and hedges are not covered.
What is a party structure?
A wall, floor or other structure that separates buildings or parts of a building approached solely by separate staircases or entrances, such as the floor between two flats that each have their own front door. Flats that share a communal entrance and stair are less clear-cut, so ask.
Who counts as an “owner” under the Act?
Freeholders, leaseholders with more than a year left on their lease, and buyers who have exchanged contracts. Tenants with less than a year are not owners, but the owner they rent from is.
Notices
How much notice do I have to give?
One month for a new wall on the boundary or an excavation. Two months for work to an existing party wall or party structure. A notice remains valid for 12 months. See how long a party wall notice lasts.
Can I serve the notice myself?
Yes, but it must be valid and served on the right people in time. See can I serve my own party wall notice.
Do I need to say “dissent” if I don’t object to the work?
No. You can say that you do not consent to the notice in order to start the process, even if you are happy with the work. Dissenting is not hostile. It gets a surveyor to protect your property.
What if I ignore a notice?
For work to a party wall or an excavation, silence for 14 days counts as dissent, and surveyors will be appointed, possibly without your input. See how to respond to a party wall notice.
Surveyors and awards
Do we have to use a surveyor?
If your neighbour consents in writing to a valid notice, no surveyor is needed. If they dissent or do not reply, surveyors must be appointed. See do I need a party wall surveyor.
Can we share one surveyor?
Yes. An agreed surveyor acts impartially for both owners. Your neighbour can still insist on their own.
What is a party wall award?
A legal document made by the surveyor or surveyors. It sets out the work, how and when it is done, protection for the neighbour’s property and who pays. Both owners are bound by it unless a court changes it. See party wall awards.
What is a schedule of condition?
A written and photographic record of the neighbouring property before work starts, used to judge any damage claim afterwards. See schedule of condition.
What if the two surveyors cannot agree?
They refer the point to a third surveyor, chosen by them at the start, whose decision settles it.
I have had a letter from a surveyor about my neighbour’s planning application. Do I have to use them?
No. Some firms write to neighbours after seeing planning applications. You can choose any surveyor, and as an adjoining owner it usually costs you nothing.
Costs and time
Who pays for the surveyors?
As a general rule the building owner, including for the neighbour’s surveyor, where the work is for the building owner’s benefit. See who pays for a party wall surveyor.
How long does the process take?
The statutory notice periods are one and two months. After that, an award usually takes a few weeks to agree, in our experience four to six weeks for straightforward work, and longer if there are delays or disagreements.
Problems
Can the Act stop the work altogether?
No. If you object to the development itself, that is for the planning process. The Act decides how work is done. See can my neighbour stop my building work?.
What if work starts without a notice?
The neighbour can ask the court for an injunction or claim damages. The building owner should stop and speak to a party wall surveyor straight away.
What if the contractor breaks the award?
The building owner is treated as being in breach and may face an injunction or damages, though a reminder is often enough to put things right.
Can I appeal an award?
Yes, to the county court within 14 days of it being served, but you need good grounds. Building owners should wait for the 14 days to pass before starting work.
Does the Act apply if I get on well with my neighbour?
It applies to the work, not to how you get on. You can agree things informally, but that gives little protection if damage occurs. A schedule of condition and an award protect you both.