Services under the Party Wall etc. Act 1996

Party Wall

The Party Wall etc. Act 1996 – Overview

The Party Wall etc. Act 1996 is a piece of legislation designed to prevent and resolve construction-related disputes between Building Owners (those carrying out works) and Adjoining Owners (those affected by the works). It provides a legal framework for managing disputes through a structured notice and dispute resolution process, thus reducing the need for costly and lengthy litigation.

1. Notifiable Works

Under the Act, certain types of work are considered notifiable and require formal notice to be served on Adjoining Owners. These include:

• Works directly on a party wall, e.g., cutting into the wall, raising, lowering, or rebuilding it.
• Building on or astride the boundary line (Line of Junction).
• Excavation works within:
• 3 metres of an adjoining property and to a depth lower than its foundations.
• 6 metres of an adjoining property if the excavation intersects a 45-degree downward line from the neighbouring foundation.

 Common notifiable works:

• Extensions.
• Basements.
• Loft conversions.
• Chimney breast removal.

 Non-notifiable works (de minimis):

• Fitting shelves.
• Replastering or redecorating.
• Electrical rewiring.
• Other minor alterations that do not affect the structural integrity or shared nature of the wall.

2. Building and Adjoining Owners

• The Building Owner is the party proposing the works. This may be a Freeholder or Leaseholder.
• The Adjoining Owner is the neighbour whose property adjoins the Building Owner’s property. This can also be a Freeholder or Leaseholder.

3. Party Wall Notices

The Building Owner must serve written notice to all Adjoining Owners before commencing any notifiable works.

• Notice periods:
• Party structure notice – at least 2 months before work begins.
• Excavation or Line of Junction notice – at least 1 month before work begins.
• The Adjoining Owner has 14 days to respond.
• Consent: If the Adjoining Owner consents, no dispute arises.
• Dissent: If no response is given, or they formally dissent, a dispute is deemed to exist.

4. Dispute Resolution and Party Wall Awards

If a dispute arises:

• The parties appoint either a single Agreed Surveyor or one surveyor each.
• The surveyor(s) will prepare a Party Wall Award, which:
• Authorises the works under the Act.
• Sets out protective measures.
• Details working hours and access rights.
• Covers compensation for damage.
• Includes a Schedule of Condition (to record the condition of the Adjoining Owner’s property before works start).

In most cases, the Building Owner pays the surveyors’ costs, as they are the party benefiting from the works.

Key Takeaways

• The Party Wall etc. Act 1996 provides a legal framework for preventing and resolving disputes over boundary-adjacent construction.
• Notifiable works include building on the boundary, working on party walls, and certain excavations.
• Adjoining Owners have the right to dispute works to protect their property interests, triggering the Party Wall Award process.
• A Schedule of Condition is commonly produced to document the condition of the neighbouring property before works commence.
• The Building Owner typically bears the cost of the Party Wall process, including surveyor fees.

I am a Member of The Faculty of Party Wall Surveyors. For additional information, please click the link below:
The Faculty of Party Wall Surveyors

Additional RICS guidance is also below:
                                          RICS Consumer Guide: Party Walls