Party Wall Act

The Party Wall etc. Act 1996 creates procedures for certain types of building work that may affect neighbouring property.

The principal categories are:

• Section 1: construction of a new wall at or astride the line of junction between properties.
• Section 2: certain works to an existing party wall, party structure or party fence wall.
• Section 6: certain excavations close to neighbouring buildings or structures.

Not every wall on a boundary is a party wall, and not every extension or excavation falls within the Act. The proposed construction needs to be considered against the statutory criteria.

When Might the Party Wall Act Apply?

Common examples include:

• Cutting into a party wall to insert beams or structural supports.
• Raising, rebuilding or thickening a party wall.
• Removing chimney breasts from a party wall.
• Repairing or rebuilding certain party structures.
• Constructing a new wall on or at the boundary.
• Excavating close to a neighbouring building where the excavation is deeper than the neighbour’s foundations and falls within the distances and geometrical tests set out by the Act.

Loft conversions, rear extensions and basement works frequently raise Party Wall considerations, although the Act does not automatically apply simply because one of these projects is proposed.

The 3-Metre and 6-Metre Excavation Rules

The excavation provisions are often misunderstood.

The Act may apply where excavation is proposed:

• Within 3 metres of an adjoining owner’s building or structure and the proposed excavation will extend below the level of the adjoining owner’s foundations.
• Within 6 metres in certain circumstances where the proposed excavation intersects a defined plane measured from the adjoining owner’s foundations.

Whether Section 6 applies therefore depends upon both distance and excavation depth, not distance alone.

When Should Party Wall Matters Be Considered?

Party Wall issues should ideally be identified while the project is still being designed.

This allows sufficient time for:

• Review of drawings and foundation proposals.
• Identification of affected adjoining owners.
• Preparation and service of the appropriate notices.
• Surveyor appointments where required.
• Schedules of condition.
• Agreement or determination of the Party Wall Award before notifiable work begins.

Leaving the process until immediately before construction can cause avoidable delay.

Party Wall Notices

The notice required depends upon the work being undertaken.

Broadly, the statutory notice periods include:

• Party structure works: normally at least two months before the work is intended to begin.
• Line of junction works: normally at least one month.
• Adjacent excavation works: normally at least one month.

The notice must contain the information required by the relevant part of the Act. Poorly prepared or incorrectly served notices can complicate the process, so professional advice may be useful where the position is uncertain.

What Happens After a Notice Is Served?

The procedure depends upon the type of notice and the adjoining owner’s response.

For party structure works, an adjoining owner may consent to the work or dissent. If the statutory dispute procedure is engaged, surveyors can be appointed under Section 10 of the Act.

The parties can either:

• appoint one Agreed Surveyor; or
• appoint a surveyor each.

The appointed surveyor or surveyors act within the statutory framework of the Act. Their role is not simply to represent one party in the ordinary sense, but to resolve the matters properly arising under the Act.

What Is a Party Wall Award?

A Party Wall Award records the matters determined by the appointed surveyor or surveyors.

Depending upon the works, it may address:

• The notifiable works permitted under the Act.
• The manner in which those works should be undertaken.
• Working hours or access arrangements where relevant.
• Protective measures.
• Drawings and construction details.
• A Schedule of Condition.
• Other matters properly arising under the Act.

The Award provides a formal framework within which the relevant works can proceed.

What Is a Schedule of Condition?

A Schedule of Condition records the visible condition of the adjoining property before relevant construction work begins.

It commonly includes written observations and photographs of:

• Existing cracking.
• Decorative finishes.
• Walls and ceilings.
• Floors.
• External elevations.
• Other areas potentially affected by the proposed work.

The schedule can provide useful evidence if there is later disagreement about whether damage existed before the works began.

Why Appoint a Party Wall Surveyor?

A Party Wall surveyor can help determine whether proposed work falls within the Act and, where the statutory procedures apply, assist with the notice and dispute-resolution process.

Depending upon the appointment, this may include:

• Reviewing drawings and proposed construction.
• Advising whether particular work appears notifiable.
• Preparing or assisting with statutory notices.
• Communicating with adjoining owners or their surveyors.
• Preparing Schedules of Condition.
• Considering construction details and protective measures.
• Preparing or agreeing Party Wall Awards.

Strut’s approach is to deal with Party Wall matters proportionately, recognising that the objective is to allow legitimate construction work to proceed while protecting the rights afforded to adjoining owners by the Act.

Building Owner or Adjoining Owner?

The Act distinguishes between the person undertaking the notifiable work and the neighbouring owner affected by it.

Building Owner

The Building Owner is the owner proposing the relevant work.

They are generally responsible for initiating the statutory process and serving the required notice where the Act applies.

Adjoining Owner

The Adjoining Owner is an owner whose property is affected by the notifiable work for the purposes of the Act.

An adjoining owner receiving a notice should understand what is being proposed before deciding whether to consent or engage the dispute-resolution procedure.

Does Consent Mean Giving Up Your Rights?

Consenting to a notice does not mean that a neighbour is granting unrestricted permission for anything the Building Owner wishes to construct.

Equally, dissent under the Act is not the same as objecting to the underlying planning application or trying to prevent lawful construction from taking place.

The Party Wall procedure is principally concerned with the rights and procedures created by the Act for the relevant works.

Party Wall Act and Planning Permission

The Party Wall etc. Act is separate from the planning system and Building Regulations.

A project may therefore:

• have planning permission but still require Party Wall notices;
• be permitted development but still fall within the Act; or
• require Building Regulations approval independently of Party Wall matters.

Compliance with one regime does not remove the need to consider the others.

What if Work Starts Without a Party Wall Notice?

Failure to follow the Act does not automatically make the construction itself unlawful, but it can remove the protections and procedures that the legislation is intended to provide and may expose the parties to avoidable dispute.

If notifiable work has begun without the required process having been followed, professional advice should be obtained promptly rather than assuming the position can simply be regularised retrospectively.

A Practical Party Wall Process

1. Review the proposed work
   Establish whether party structures, boundary construction or adjacent excavation may bring the project within the Act.

2. Identify affected owners
   Determine which neighbouring ownership interests are relevant to the proposed work.

3. Prepare suitable drawings
   Provide sufficient information about the proposed work and, where relevant, excavation and foundation details.

4. Serve the appropriate notice
   Ensure the correct statutory notice is prepared and served in sufficient time.

5. Allow the statutory process to operate
   The response procedure depends upon the type of notice served and the adjoining owner’s response.

6. Appoint surveyor(s) where required
   An Agreed Surveyor or separate surveyors may be appointed where the statutory dispute procedure applies.

7. Prepare a Schedule of Condition
   Record relevant areas of the adjoining property before work begins.

8. Review construction information
   Consider the relevant drawings, methods and protective measures.

9. Serve the Award
   Where required, the Party Wall Award records the matters determined under the Act.

10. Undertake the work in accordance with the statutory process
    Proceed with the notifiable work having regard to the Award and other applicable legal requirements.

Party Wall Advice from Strut

If you are unsure whether your proposed work falls within the Act, early advice is usually preferable to trying to resolve the issue once construction is imminent.

Strut Building Surveyors can review the proposed work and advise on the appropriate next steps.

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