This act provides a framework for preventing and resolving disputes in relation to Party Walls, Party Fence Walls and Excavations near neighbouring buildings. 

A wall is a party wall if it stands astride the boundary of land belonging to two (or more) different owners where the wall is part of one building, or separates two (or more) buildings, or consists of a party fence wall. A wall is also a party wall if it stands wholly on one owner’s land, but is used by two (or more) owners to separate their buildings. A party structure is a wall or floor, or partition, or other structure separating buildings or parts of buildings that are approached by separate staircases or entrances (for example flats).

The Act supersedes common law rights, but only in relation to works covered by the Act, and only when the correct notices are provided and only when the correct procedures are followed.

Section 2 of the Act sets out the rights that a Building Owner has in relation to work to be undertaken on an existing party wall.

The most commonly used rights are: to cut into a wall to take the bearing of a beam (for example for a loft conversion), or to insert a damp proof course, or to raise the height of the wall, and/or increase the thickness of the party wall and a right to cut off any projections which prevent you from doing so,  to demolish and rebuild the party wall,  to underpin the whole thickness of a party wall, to protect two adjoining walls by putting a flashing from the higher over the lower, even where this requires cutting into an Adjoining Owner’s independent building

Some works may be so minor that service of notice under the Act would not be necessary. Things like drilling into a party wall to fix plugs and screws for ordinary wall units or shelving, or  cutting into a party wall to add or replace recessed electric wiring and sockets or replastering may are considered to tbe too minor to require the Act to be invoked.  Generally speaking, anything that might affect the structural strength and support functions of the party wall, or that might cause damage to the Adjoining Owner’s side of the wall, may require notices to be served. If you are in doubt you should seek advice from a qualified building surveyor.

At least two months before the planned start date for works to the party wall. The Adjoining Owner may agree to allow works to start earlier, but is not obliged to do so, even when agreement on the works is reached. The notice is only valid for a year, so do not serve it too long before you wish to start.

The Surveyor offers advice on the procedure, obligations and responsibilities. The first point of action is it review the proposed plans and confirm if the works meet the criteria under the Act. If so, then the relevant Party Wall Notices are served to all affected neighbours. If the notices are dissented to, then the Surveyor or Surveyors will then conduct a site visit and prepare a schedule of condition of neighbouring property. Once this is done, the Surveyor/s finalise the terms of the Party Wall Award and serve this forthwith to all owners at which time building works can commence.

Usually, the Building Owner carrying out the work will be responsible for the fees of the Adjoining Owners Surveyor, especially for works that are solely for their benefit, for example, a loft conversion. Costs differ, depending on the extent of the work being undertaken in accordance with the Act, and it is recommended that you appoint an experienced party wall surveyor who is experienced with the type of works you are undertaking.

The party who owns the property where the building works are due to be carried out. 

This is the party who is potentially affected by the works

Generally no, the Party Wall etc. Act 1996 was introduced to stop expensive litigation between two property owners and instead introduce the role of expert Party Wall Surveyors in the specific field.

The notice is valid for one year, it is best not to serve it too long before you are looking to start your work. As a minimum notice should be served two months prior to your intended start date, of course, this does not guarantee a start date, but it allows sufficient time for the work of Surveyors to be completed if there is a dispute.