What is a Party Wall

Where a wall or floor separates two different buildings be they semi-detached or terraced houses, flats or commercial properties such as offices or shops belonging to different owners, then these fall within the definition of a party wall or structure.  However only the part that is used by both properties is considered to fall within the requirements of the Party Wall etc. Act 1996. The rest belongs to the person on whose land it stands.

In order to carry out building work such as structural alterations, extensions or internal refurbishment etc. you must obtain your neighbour's agreement before works can commence.

In certain circumstances the excavation and constructing foundations for a new building within three or six metres of neighbouring properties will also need written agreement. The excavation and construction of a wall along your boundary is also notifiable.

Party Wall etc. Act 1996

The Party Wall etc. Act 1996 provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings. It is based on tried and tested provisions of the London Building Acts, which applied in inner London for many years, before the Act came into force.

Anyone intending to carry out work of the kinds mentioned in the Act must give Adjoining Owners notice of their intentions.

What is covered by the Act

In broad terms the type of work the Act covers is:-

• Various work that is going to be carried out directly to an existing party wall or structure
• New building at or astride the boundary line between properties
• Excavation within 3 or 6 metres of neighbouring buildings or structures, depending on the depth of the proposed excavations or foundations

What the Act doesn't cover

The Act  doesn't cover everyday minor jobs that don't affect the neighbours' half of a party wall including:

• Fixing plugs
• Screwing in wall units or shelving
• Adding or replacing some recessed electrical wiring or sockets
• Replastering your walls.

What do I do next

If it is intended to do any of these types of works you must give written notice to your neighbours at least two months before starting work to a party wall, or one month for 'line of junction' or excavation works. If the adjoining property is tenanted or leasehold you will need to serve notice on the landlord, as well as any person living in the property. Where there is more than one owner of the adjoining property or more than one adjoining property, you must serve notice on all owners and occupiers. In the case of flats etc. this will also apply to owners and occupiers either above or below your property.

There are standard notices which we can draw up for you to serve on your neighbour which cover all the required elements of information detailed in the Act. We can also advise on the additional information ie. drawings which you may need to include with the notice.

What if my neighbour doesn’t agree to the work

There are two main types of response to the notice covered in the Act. The first is where your neighbour (Adjoining Owner) agrees to the work and signs the acknowledgment and returns it to you. You are then free to commence the works within a reasonable period but will still be liable for any damage to their property. In this instance we would strongly recommend that you arrange for a Schedule of Condition of the adjoining property to be prepared in order to cover you against any contentious claims.

Should your neighbour not agree to the work or have any concerns regarding the legal rights etc, then the Act provides for both parties to either each appoint a surveyor or jointly appoint a surveyor called the 'agreed surveyor' who will act impartially. The surveyor or surveyors will then be responsible for drawing up a document called an 'Award'. This details the work to be carried out, when and how it will be done and records the condition of the adjoining property before work begins. 

How can we help you

We have extensive experience with Party Wall matters having dealt with them for many years under the London Building Acts. We can therefore assist you at all levels with matters relating to party walls.

Initially this may be in the form of giving some simple advice on the implementation of the Act or drawing up the initial notice for you to serve on your neighbours.

If a dispute then arises you can appoint us as Building Owners Surveyor and we will then negotiate the agreement of the Award with the Adjoining Owners Surveyor.

If however you are the adjoining owner and have had a notice served on you then you can appoint us to act as Adjoining Owners Surveyor.

If you have a Party Wall issue and require some advice please feel free to call us as we are happy to give simple advice over the telephone with no obligation.

Further information

The Royal Institution of Chartered Surveyors (RICS) has further information on their web site together with a downloadable Questions & Answers in PDF file format. www.rics.org

The Office of the Deputy Prime Minister (ODPM) has full details of the Act and has produced a booklet explaining the Party Wall etc. Act 1996 which can be downloaded from their web site www.odpm.gov.uk

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