The Party Wall etc. Act 1996 governs works carried out on or near the boundary between two properties and on shared walls, floors, and other structures. It creates a framework for notifying neighbours of planned works and resolving disputes about those works. Many homeowners are unaware of its requirements until they are already in dispute with a neighbour.
A party wall is a wall that stands on the boundary between two properties and is used by both owners, or a wall that forms part of one building and stands on the boundary. Party floors, which separate flats in a converted building, are treated similarly. Garden walls that stand wholly on one owner's land are not party walls under the Act, even if they separate two gardens.
Three categories of work require notice under the Act. Works to a party wall or party structure, including cutting into it, raising it, underpinning it, or making good damage to it. Excavation within three metres of a neighbouring building where the excavation goes deeper than the neighbour's foundations. And building a new wall at or astride the boundary line.
Notice must be served in writing on all adjoining owners at least two months before the planned start date for most works, or one month for excavation works. The notice must describe the proposed works with sufficient detail for the neighbour to understand what is planned. If you are using a party wall surveyor, they can serve the notice on your behalf.
If the adjoining owner does not consent to the works within 14 days of receiving notice, a dispute is deemed to have arisen. The parties must then each appoint a surveyor, or agree to appoint a single agreed surveyor, to resolve the dispute. The surveyors prepare a party wall award setting out the conditions under which the works can proceed, the measures to be taken to protect the neighbour's property, and the arrangements for making good any damage.
Carrying out notifiable works without serving notice is a trespass. The neighbour can seek an injunction to stop the works and can claim damages for any loss. Courts have granted injunctions to halt mid-construction projects where the Act has not been followed, which can be extremely costly for the building owner.
The Party Wall etc. Act 1996 requires notice before carrying out works to shared walls, floors, and structures, and before excavating near a neighbouring building. Failure to serve notice is a trespass and can result in an injunction halting the works. A specialist property barrister can advise on whether your planned works require notice and assist in resolving any party wall dispute.
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