Collier Stevens Chartered Surveyors, Party Wall Specialists

The Party Wall Etc Act 1996

Introduction

The Party Wall etc. Act 1996 ("the Act") came into force on 1 July 1997 throughout England and Wales.  If you intend to carry out building work which involves one of the following categories:

• work on an existing wall or structure shared with another property
  (section 2 of the Act)
• building a free standing wall or a wall of a building up to or astride the boundary with a neighbouring property
  (section 1 of the Act)
• excavating near a neighbouring building
  (section 6 of the Act)

you must find out whether that work falls within the Act. If it does, you must notify all affected neighbours.

These pages, which are based in the DETR explanatory booklet aim to explain simply how the Act may affect someone who either wishes to carry out work covered by the Act (the "building owner") or receives notification under the Act of planned work (the "adjoining owner"). For simplicity, it is written mainly from the point of view of the person wishing to do the work. The DETR state that This is not an authoritative interpretation of the law.

These pages are only about the Act, which is separate from planning or building regulations control. You must remember that reaching agreement with your neighbour under the Act does not remove the possible need for planning permission or building regulations approval.

The Party Wall Etc Act 1996

• What does the Act do?
• What does the Act cover?
• What is a party wall?

Work on existing party walls (section 2 of the Act)

• What are my rights under the Act if I want to do work on an existing party wall?
• What are my duties under the Act?
• What about things like putting up shelves or wall units, or installing recessed sockets, or removing and renewing plaster?
• Who counts as an ajoining owner"?
• How do I inform the adjoining owner or owners?
• How long in advance do I have to serve the notice?
• What happens after I serve notice?
• What if I cannot reach agreement with my neighbour on the work to be done to the party wall?
• Who can I appoint as a surveyor in the event of a dispute?
• What does the surveyor do?
• Who pays the surveyor’s fees?
• Is the surveyor’s award final?
• Who pays for the building works?
• What happens if the neighbours won’t cooperate?
• What about access to neighbouring property?
• As a neighbouring owner, what can I do to guard against the risk that the building owner may leave work on the party wall unfinished?

New building on the boundary line between neighbouring pieces of land (section 1 of the Act)

• What does the Act say if I want to build up against or astride the boundary line?
• How long in advance do I have to serve the notice?
• What happens after I serve notice about building astride the boundary line?
• What happens after I serve notice about building up against the boundary line?
• What happens if there is a disagreement with my neighbour?
• What about access to neighbouring property?

Excavation near neighbouring buildings (section 6 of the Act)

• What does the Act say if I want to excavate near neighbouring buildings?
• How long in advance do I have to serve the notice?
• What happens after I serve notice?
• What about access to neighbouring property?

Some common questions about the Act

• Does the Act change who owns that party wall?
• Can the Act be used to resolve a boundary dispute?
• Does the Act supersede common law rights?
• Does the building owner have to waitfor the full one or two months after serving a notice before starting work?
• What happens if an owner wants to build up to an existing boundary wall which does not currently form part of a building and which is wholly on their own land?

These pages are reproduced from the Department for Transport,
Local Government and the Regions Party Wall Explanatory Booklet 

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