What is The Party Wall Act?
Let’s start with the basics.
The Party Wall etc Act 1996 (to give it its full name) is a piece of legislation that provides a framework for preventing and resolving disputes around party walls, boundary walls, and excavations near neighbouring buildings or structures.
But what is a party wall?
Well, there are two types according to the act. Type A and Type B.
Type A is a wall that stands on the land of two owners and forms part of a building, or separates two buildings. Think of the walls between semi-detached or terraced houses – they’re a perfect example.
Type B is a wall that stands wholly on one owner’s land, but is used by two (or sometimes more) owners to separate their buildings. So when a building is built up to the boundary or line of junction, and a neighbour has built a new extension and enclosed on this wall. In this situation, the wall wasn’t initially a party wall until the neighbour built the extension and enclosed on it, making it into a party wall.
But the Act doesn’t just apply to walls. It also covers:
• Work on shared structures, like floor structures between flats, and chimneys.
• Building new walls at the boundary.
• Excavating near a neighbouring building.
In short, if you’re digging foundations close to your neighbour’s property or doing work to a wall or structure you share with someone else, chances are the Act applies. If you ignore it, you could face legal disputes, construction delays, or even an injunction to stop your project altogether. That’s why getting it right matters. If you want to know whether your works are notifiable, give our office a call and speak to one of our experts.
When do Party Wall Matters Come up?
Party wall matters crop up more often than you think. There are typically three common scenarios:
• Loft conversions. Especially when steel beams are being inserted into a shared wall.
• Extensions. Particularly if they involve excavating close to your neighbour’s property or building at the boundary.
• Basement works. Deeper works require more detailed notices, and often spark more disputes.
You might also need to notify your neighbour if you’re:
• Repairing a shared wall. In Portsmouth, this happens a lot with repairs to leaking fire walls above the roof line.
• Raising a shared wall – again, common in loft conversions with dormer roofs.
• Excavating within 3 metres (and sometimes 6) of a neighbouring building.
In all situations, the person doing the work is responsible for serving the notice. While you can, and in our opinion should, instruct a surveyor, the responsibility to ensure notice is served ultimately lies with you. Even if the work seems minor to you, it could affect your neighbour’s property and fall under the Act. Failing to notify them isn’t just un-neighbourly – it’s unlawful.
Step by Step
Step 1: Serve Notice
You have to give your neighbour written notice of the work you’re planning. There are different types of notices depending on the work you’re doing. These are:
• Line of Junction Notice
• Party Structure Notice
• Notice of Adjacent Excavation
You’ll need to serve notice at least one month before you start any excavation works, or building new walls at the boundary. If you’re planning works that affect a party wall or structure, then you have to give 2 months’ notice.
Step 2: Neighbour’s Response
Once the notice is served, your neighbour can either:
• Consent to the works: That’s great news! This means you won’t need to pay surveyors’ fees for dealing with an award.
• Dissent. This triggers the need to appoint surveyors.
If they don’t respond within 14 days, it’s treated as a dissent by default. In this scenario, a further notice will need to be served, giving your neighbour another 10 days to respond.
Step 3: Appoint Surveyors
If your neighbour does dissent, each party can either appoint their own surveyor, or agree to use a single Agreed Surveyor, who will act impartially for both. The surveyor’s role is to act independently, not to side with one neighbour or the other. It’s worth noting here that you can use your neighbour’s chosen surveyor as the Agreed Surveyor – it doesn’t have to be your own.
Step 4: The Party Wall Award
Now your surveyors will prepare a legal document called an Award. This sets out:
• What work will be done.
• How and when it will be carried out.
• Protective measures (like temporary weatherproofing of a party wall).
• Access arrangements, if appropriate.
• A schedule of conditions of the neighbour’s property.
• Associated drawings.
• Costs – who’s paying for what.
And much more!
Step 5: Do the Work
Once the Award has been served, there’s a 14-day period when the neighbour can appeal the Award. After that, you can start work, following the terms of the Award.
Notices, Awards and Disputes
Party wall notices should always be clear, accurate and correctly served. A common mistake we see here is trying to DIY it and missing key information, drawings, or getting the timings completely wrong. This kind of thing can invalidate the notice altogether.
If your neighbour dissents, don’t panic. The Act provides a clear dispute resolution process that the surveyors will handle, working together or independently to agree, prepare and serve a fair Award.
But there are some points you need to remember:
• An Award can be appealed in the County Court within 14 days of service.
• If you damage your neighbour’s property, you’ll usually be liable to fix it, or pay for the repairs. This is why the photographic schedule of conditions is so important.
• Disputes are often avoidable with good communication. A quick chat before serving your notice can go a long way!
How Can a Surveyor Help?
All that being said, a party wall surveyor does so much more than paperwork. We can also:
• Interpret drawings to determine what parts of your works are notifiable.
• Advise on the best way to serve your notice and talk to your neighbours.
• Draft valid, accurate and compliant notices.
• Agree fair terms that protect both parties.
• Record a detailed Schedule of Conditions to avoid blame games.
• Resolve disputes effectively without heading to court.
Whether you’re the one carrying out the work or you just want peace of mind as a neighbour, our job is to protect both parties’ interests and prevent conflicts. And let’s be honest, sometimes it just helps to have a calm, expert voice in the mix!
So remember – the Party Wall Act is there to protect everyone. The process might seem a bit formal and even daunting at times, but with the right guidance, it doesn’t have to be stressful. If you’re not sure what your right, responsibilities or next steps are, all you have to do is call 023 8155 0051, and one of our expert team will be happy to help.
For more expert advice on surveying and property matters, check out our range of informative videos on our website or YouTube channel. Harrison Clarke Chartered Surveyors is here to guide you every step of the way!
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