The Party Wall etc. Act 1996

What the Act covers

The Party Wall etc. Act 1996 is a piece of legislation that applies in England and Wales. It provides a statutory framework for certain works to party walls, party fence walls, party structures, boundary walls and certain excavations close to neighbouring buildings. It does not prevent you from carrying out the work; it sets out the procedure that must be followed before works begin.

The Act can apply to projects ranging from loft conversions and rear extensions to major basement excavations. If your works fall within one of the notifiable categories, you must serve a written notice on every adjoining owner before commencing work.

Who is a Building Owner and who is an Adjoining Owner?

The Building Owner (BO) is the person proposing to carry out the works. The Adjoining Owner (AO) is anyone with a freehold interest, or a leasehold interest with more than one year remaining, in the neighbouring property. This can include freeholders, landlords and qualifying leaseholders. If a property has multiple Adjoining Owners, a notice should be served on each of them.

The three main categories of notifiable work

• Section 1 — Line of Junction — building a new wall up to the line of junction, or astride the boundary with the adjoining owner's consent. Notice period: one month.
• Sections 2 and 3 — Works to a Party Wall or Party Structure — works such as cutting into, raising, underpinning, demolishing and rebuilding a party wall or party structure. Common examples include inserting steel beams for loft conversions, removing chimney breasts and carrying out basement works affecting a party wall. Notice period: two months.
• Section 6 — Adjacent Excavation — excavating within 3 metres of a neighbouring building or structure where the excavation will go deeper than the neighbour's foundations, or within 6 metres where the excavation will extend below a line drawn downwards at 45 degrees from the underside of the adjoining owner's foundations. Notice period: one month.

When notice is — and is not — required

The Act applies to specific categories of notifiable work. Internal decorative works such as painting, plastering, replacing kitchens and similar cosmetic alterations do not normally require notice.

As a useful rule of thumb, if a builder is cutting into, raising, lowering, demolishing, rebuilding or excavating close to a shared wall or boundary, it is worth checking whether notice is required under the Act.

Serving the notice

Notice must be in writing and served in accordance with the provisions of the Act. The notice should include:

• The Building Owner's name and address;
• The address where the works are to be carried out;
• A description of the proposed works; and
• The intended commencement date.

The notified works must commence within twelve months of the notice being served.

What happens after a notice is served?

Within fourteen days of receiving a notice, the Adjoining Owner may:

• Consent to the works in writing;
• Dissent and concur in the appointment of an Agreed Surveyor; or
• Dissent and appoint their own surveyor.

If the Adjoining Owner does not respond within fourteen days, they are deemed to have dissented under the Act. Following a deemed dissent, surveyor appointments may be made in accordance with the statutory procedure.

The Party Wall Award

Where surveyors are appointed, they may prepare a Party Wall Award. This is a legally binding document that typically records the authorised works, the rights being exercised, any Schedule of Condition, and any provisions the surveyors consider necessary for resolving the dispute.

The Award may also address matters such as access arrangements, timing of works, protective measures and the apportionment of surveyors' fees. In most cases, the Building Owner will be responsible for the reasonable fees incurred in resolving the dispute, although surveyors have discretion to apportion costs differently depending on the circumstances.

Schedule of Condition

A Schedule of Condition is often prepared before works commence. This records the condition of the adjoining property before work starts and can help determine whether any damage has occurred as a result of the works. The Schedule of Condition may include written descriptions, photographs, or both.

Common myths

• "My neighbour can stop my works." Not usually. The Act does not generally give an Adjoining Owner a veto over notifiable works. Instead, it provides a mechanism for disputes to be determined, rights to be regulated and any damage to be assessed and compensated.
• "If we agree verbally, I don't need a notice." You still need a written notice. The Act requires notice to be served in writing. If the Adjoining Owner consents in writing, no Award is required. If they dissent (or are deemed to dissent), the dispute resolution procedure applies and an Award may be made.
• "Planning permission covers Party Wall matters." No. Planning legislation and the Party Wall etc. Act 1996 are entirely separate legal regimes. Obtaining planning permission does not remove the requirement to comply with the Party Wall etc. Act 1996 where it applies.

For real-world examples of what can happen when a building owner ignores the Act, see our guide to party wall notice legal cases — including injunctions, demolition orders and five-figure cost awards.

For the full statutory text see the Party Wall etc. Act 1996 on legislation.gov.uk.