Party Wall Act 1996

Information for builders and property owners

What is a party wall?

Party walls form parts of buildings and stand on lands of different owners. A party wall can be:

a. external wall which stands astride a boundary;
b. a wall which separates buildings belonging to different owners, Eg. separating houses in a terrace.

Also included are:

a. a 'party fence wall', which is a wall astride the boundary between two pieces of land but which is not part of a building, Eg. a garden wall;
b. party structures' - horizontal separating structures; or walls, floors and ceilings separating individual flats.

What operations are covered by the Act?

1. Construction of a new party wall, party fence wall or party structure.
2. Underpinning a party wall.
3. Raising or lowering the height of a party wall.
4. Changing the thickness of a party wall.
5. Making good or repairing a party wall.
6. Demolishing and rebuilding a defective party wall.
7. Cutting into a party wall, Eg. to insert a DPC or flashing.
8. Removing overhangs to build a new wall close to the old.
9. Inserting tying systems to stabilise a party wall.
10. Weatherproofing a party wall exposed by demolitions.

Please note that the Act also covers certain excavations, which might affect a building belonging to an adjoining owner. These are:

• excavations within three metres of the adjoining owner's building and which extend to the same depth as the foundations to that building; and
• excavations within six metres which extend to a greater depth than the foundations of the adjacent building, and might undermine it.

Notice must be given as for works to a party wall, but consent cannot be refused.

What do you have to do?

Before carrying out works to a party wall or party fence wall, you must:

1. serve notices on adjoining owners, detailing the work, at least one month before commencing the work;
2. wait to receive consent, which must be given within 14 days. In giving consent, the adjoining owners can ask for other works to be carried out. Sometimes the costs can be shared.

Before building a new party wall or party fence wall, you must:

1. serve notices on adjoining owners, detailing the work, at least one month before commencing the work;
2. wait to receive consent, which must be given within 14 days. If consent is not given within 14 days, permission is deemed to be refused.

If consent is refused, you must build the external wall or fence wholly on your own land, at your own expense. The wall will not be a party wall, the adjoining owners will have no right of support, and you can enter their land to construct the footings (which may cross the boundary) within twelve months from giving the notice.

What rights do you have?

You are entitled to repair and maintain party walls. In the case of 'party structures', you must serve a 'party structure notice' on the adjoining owner, giving two months notice. The work detailed must be carried out within a year.

An adjoining owner, served with a party structures notice, may issue a counter-notice within one month requiring additional works to be carried out, and you must consent within 14 days or a dispute is deemed to exist.

What happens if there is a dispute?

The parties can each appoint a surveyor to represent them, or they can agree to appoint one surveyor to settle things, ('The Agreed Surveyor').

In Conclusion

This is a very brief summary of a complicated Act. The golden rule is, as always:

If in doubt, seek advice

Taunton Deane Building Control Service, or your own professional building consultant, will be pleased to give advice and assistance.