Party Wall

The Party Wall etc. Act 1996 provides a legal framework in England and Wales for preventing and resolving disputes between neighbouring property owners when building works are planned. 

To initiate the procedure, a "building owner" must give formal written notice to "adjoining owners" about their intentions to carry out work to a party wall, party structure, or excavation near a neighbouring property. 

If the neighbours do not agree, the Act provides a dispute resolution process, including the involvement of party wall surveyors. 

Tips for Building Owners:

If you are planning to carry out building works on your property that might be covered by the Party Wall Act you will be designated as a Building Owner. We would recommend that before work starts you have your plans checked by a suitably qualified and experienced party wall surveyor. This proactive approach would allow you, the Building Owner, to understand the implications of proposed works under the Party Wall etc Act 1996 and manage adequately the risks and liabilities.  

We can advise at pre-planning or pre-building stages on what issues are likely to be affected by the Party Wall Act, including advices on the strategic approach for dealing with neighbouring properties.  

As a Building Owner you must inform your neighbours prior to any works starting, if you intend to:

-     Build on or at the boundary of your two properties, for example removing a garden fence and replacing with solid wall

-     Work on an existing party wall or party structure, for example cutting into a party wall to insert beams or flashing or perhaps lowering, or raising the height of a party wall or removing a chimney breast that is connected to a party wall.

-     Excavate below and near to the foundation level of their building or structure, for example creating a half-basement or full basement.

-     Then you must serve a written Notice to your adjoining owner(s) to inform them of your intentions.

You do not need to inform your neighbour about minor works, such as plastering, adding or replacing electrical wiring or sockets, and drilling the wall to put up shelves or cabinets.

Your neighbour can’t prevent you from making changes to your property that are within the law. However, they can affect how and when your works are carried out.

With our extensive in-house experience in architecture and structural engineering, we are often able to identify and mitigate potential physical and construction issues which can help the party wall negotiations as well as the work that follows to proceed efficiently and in a timely manner.

If you need guidance on whether the Act applies to the work you are planning please send us the plans.  We will check the proposed work and clarify whether it comes within the scope of the Act.

For more information on the Party Wall process for Building Owners, check our FAQ section below.

Tips for Adjoining Owners:

If you are an owner of the property which adjoins a property on which works are being proposed, you are defined as an Adjoining Owner. We can advise you as the Adjoining Owner on what to expect and how your property should be protected during proposed works.

The building owner planning to undertake work must comply with the provisions of the Party Wall Act.  Whatever the extent of work, if it affects a shared structure the Party Wall Act provides important rights and protections for neighbours affected by such building works.

What Party Wall rights does an Adjoining Owner have?

Under the Act an Adjoining Owner has the right to:

-     Appoint a surveyor to resolve any dispute.

-     Require reasonable necessary measures to be taken to protect their property from damage and for their security.

-     Not to endure any unnecessary inconvenience.

-     Be compensated for loss or damage caused by building works.

-     Request security for expenses before work starts under the Act. This is to guard against any potential loss, such as if works are not completed for instance.

This also includes the duty placed upon the Building Owner to notify you in advance of work starting. Restrictions can be imposed on when noisy works are undertaken. The Act also provides a mechanism for resolving disputes if damage occurs for instance.

For more information on how to protect your property and manage any impact from neighbouring building works as an Adjoining Owner, check our FAQ section below.