The Party Wall Etc. Act 1966

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A Party Wall is defined by the The Party Wall etc. Act 1996, more commonly know as 'The Act'. The Act provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings. A building owner proposing to start work covered by the Act must give adjoining owners notice of their intentions in the way set down in the Act. Adjoining owners can agree or disagree with what is proposed. Where they disagree, the Act provides a mechanism for resolving disputes. You should note that the Act is separate from obtaining planning permission or building regulations approval.

The main types of party walls are:

• a wall that stands on the lands of 2 (or more) owners and forms part of a building - this wall can be part of one building only or separate buildings belonging to different owners
• a wall that stands on the lands of 2 owners but does not form part of a building, such as a garden wall but not including timber fences
• a wall that is on one owner’s land but is used by 2 (or more) owners to separate their buildings

The Act also uses the expression ‘party structure’. This could be a wall or floor partition or other structure separating buildings or parts of buildings in different ownership, such as in flats.

• new building(s) on or at the boundary of 2 or more properties
• work to an existing party wall or party structure
• excavation near to and below the foundation level of neighbouring buildings

This may include:

• building a new wall on or at the boundary of 2 or more properties
• cutting into a party wall, say for beams as part of a loft conversion
• making a party wall taller, shorter or deeper
• removing chimney breasts from a party wall
• knocking down and rebuilding a party wall
• excavating below the foundation level of a neighbour’s or shared property 
  
• underpinning a party wall to facilitate a basement or extension​

The Party Wall etc. Act 1996 covers three distinct types of work; alterations to party structures (usually walls but may also be floors), the construction of new walls at the boundary and excavation close to neighbouring properties. Please read more here.

Where work falls within the scope of the Act it is necessary for a building owner to serve notice and obtain the affected adjoining owner’s consent; if that consent is not forthcoming the parties are deemed to be ‘in dispute’ under the Act and surveyors must be appointed so that the dispute can be resolved by way of a Party Wall Agreement (technically called an ‘Award’).

If the two appointed surveyors fail to agree upon any of the issues in dispute they can make a referral to a previously selected Third Surveyor.

I cover the London and the M25 area so if you have been served a notice or are intending on carrying out works yourself then I have the requiste and extensive experience of Party Wall Matters and party wall administration to ensure that everything runs smoothly. Please feel free to contact me for an intiial no obligation and cost free consultation.

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