The Party Wall 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.

A building owner proposing to start work covered by the Act must give adjoining owners notice of their intentions in the way set down in the Act.
Adjoining owners can agree or disagree with what is proposed. Where they disagree, the Act provides a mechanism for resolving disputes.

What is a party wall?

The main types of party walls are:
  • a wall that stands on the lands of 2 (or more) owners and forms part of a building - this wall can be part of one building only or separate buildings belonging to different owners
  • a wall that stands on the lands of 2 owners but does not form part of a building, such as a garden wall but not including timber fences
  • a wall that is on one owner’s land but is used by 2 (or more) owners to separate their buildings

The Act also uses the expression ‘party structure’. This could be a wall or floor partition or
other structure separating buildings or parts of buildings in different ownership, such as in flats.

The Act covers:

  • new building on or at the boundary of 2 properties
  • work to an existing party wall or party structure
  • excavation near to and below the foundation level of neighbouring buildings​

This may include: 
  • building a new wall on or at the boundary of 2 properties
  • cutting into a party wall
  • making a party wall taller, shorter or deeper
  • removing chimney breasts from a party wall
  • knocking down and rebuilding a party wall
  • digging below the foundation level of a neighbour’s property
More detailed information can be obtained here



​& what you need to know...

As soon as your planning application is made public, your neighbours (and possibly you) will receive letters from Party Wall Surveyors offering their services. Occasionally these are quite scary for the neighbour who may already have concerns about your project, and the impact it will have on their house. Circumvent this problem by speaking to your neighbours first!

You don't actually need a surveyor, but you must serve a Party Wall Notice. These can be downloaded for free from http://partywallnotices.co.uk/party-wall-notice-templates.php, or using the button at the bottom of the page.

The person or people having the work carried out are responsible for paying the surveyors fees and do not have the right to choose the surveyor.

There will be minor cracking in most kitchen extensions and loft conversion where there is a shared party wall. If these can be dealt with reasonablly and amicably then this is much better and cheaper all round.

The contractor who carries out the work is not responsible for any damage, other than that relating to criminal or negligent behaviour, and may not necessarily be the contractor who makes good the neighbouring properties.

The cost of rectifying any damage is met by the person or people having the work carried out, and not the contractor carrying out the work.

A Party Wall Survey is invaluable if there is any chance of a dispute at the end of the work, it will protect you from an unreasonable claim.