The Party Wall etc. Act 1996

the short answer

Complying with the Party Wall Act doesn’t mean that you can forget about getting Planning Permission or Building Regulation Approval for the work you’re going to carry out. Likewise, having Planning Permission or Building Regulation Approval doesn’t mean you can forget about the Party Wall Act.

The Party Wall Act comes into effect if someone is planning to do work on a relevant structure. It doesn’t just mean the wall between two semi-detached properties, it covers:

  • A wall forming part of only one building but which is on the boundary line between two (or more) properties
  • A wall which is common to two (or more) properties; this includes where someone built a wall and a neighbour subsequently built something butting up to it
  • A garden wall, where the wall is astride the boundary line (or butts up against it) and is used to separate the properties but is not part of any building
  • Floors and ceilings of flats etc.
  • Excavation near to a neighbouring property
  • Underpinning a wall or part of it
  • Demolishing and rebuilding a party wall
  • Cutting into a wall for bearing of a beam. For example for a loft conversion or through lounge
  • Building a new wall on the boundary between two properties (line of junction)

As with all work affecting neighbours, it’s always better to reach a friendly agreement rather than resort to law and threats as this will always work out more expensive – starting a neighbour war is never a good idea. Even where the work requires a notice to be served, it is better to discuss the intended work informally, consider the neighbours’ comments, and amend your plans (if appropriate) before serving the notice.

What type of work can I do without informing my neighbour?

Under the Party Wall Act some work is not covered. Such work includes:

What happens when I have an agreement?

Once you have agreement, all work must comply with the notice. All the agreements should be retained to ensure that a record of the granted permission is kept; a subsequent purchaser of the property may wish to establish that the work was carried out in accordance with the Party Wall Act requirements.

What happens when I can’t reach an agreement with my neighbour?

This is where expert help from a Chartered Surveyor can minimise any delays that may arise or resolve any concerns or worries you may have.

If you can’t reach agreement, then the next best thing is to appoint a single agreed surveyor who will act for both parties. Alternatively, each owner can appoint a surveyor to draw up the award together.

The surveyor/s will prepare an 'Award'. This specifies the work that can be carried out and how and when it may be done.

It will also record the condition of the neighbouring property before work commences.

It may also grant access to both properties so the surveyor/s can inspect work in progress.

The Award will determine who pays (usually the owner who is benefiting from the works). Generally, the building owner who started the work pays for all expenses.

If damage occurs, the surveyor/s will prepare a further award determining how this will be remedied. They can order that repairs are carried out or that the cost of the repair is to be paid.

Most experienced surveyors in the field of party walls are members of the Pyramus and Thisbe Club, an organisation founded for the exchange of views on party wall matters and who have published guidance notes, commentaries and advice to Government.

As members of the Pyramus and Thisbe Club, we are always pleased to offer an initial informal and free consultation and to accept appointments as building owner's surveyor, adjoining owner's surveyor, agreed surveyor or third surveyor.