Party Wall Act Explained: Your Complete Guide for 2024

Expert Surveyors UK helps property owners navigate party wall matters across England and Wales. The Party Wall Act 1996 governs building works affecting walls shared with neighbours, but many property owners don't understand when it applies or what procedures to follow.

In this comprehensive guide, our RICS chartered surveyors explain everything you need to know about the Party Wall Act, from when notices are required to how our building surveyors can help resolve party wall disputes professionally.

What is the Party Wall Act?

The Party Wall etc. Act 1996 provides a framework for preventing and resolving party wall disputes between property owners. It applies to England and Wales (Scotland and Northern Ireland have different legislation).

The Act covers three main types of work:

1. Work directly to an existing party wall or structure – This includes cutting into a party wall, making it taller, or underpinning it.
2. Building on the boundary line – Constructing new walls on or at the boundary between two properties.
3. Excavation near a neighbouring building – Digging within three or six metres of a neighbour's structure, depending on depth.

At Expert Surveyors UK, our building surveyors regularly handle party wall matters for residential and commercial properties. We act as building owner's surveyors, adjoining owner's surveyors, or as agreed surveyors serving both parties when they consent to jointly instruct one expert.

When Do You Need to Give Party Wall Notice?

You must serve party wall notice if your building works fall under the Act. Common scenarios include:

Works to Existing Party Walls

• Removing chimney breasts from party walls
• Cutting into party walls for steel beams
• Raising party walls for loft conversions
• Underpinning party walls
• Inserting damp-proof courses into party walls
• Demolishing and rebuilding party walls

New Building Works

• Building extensions up to the boundary
• Constructing new walls astride the boundary line
• Building on the boundary with footings on your land

Excavation Works

• Digging within 3 metres of your neighbour's building and going deeper than their foundations
• Digging within 6 metres of your neighbour's building and cutting a line at 45 degrees from the bottom of their foundations

Our chartered surveyors at Expert Surveyors UK help property owners determine whether their planned building works require party wall notice. This prevents costly mistakes and party wall disputes with neighbours.

Types of Party Wall Notices

The Act requires different notices depending on the work type:

Party Structure Notice

Served at least two months before starting work directly to a party wall. Must include detailed plans showing the proposed building works.

Line of Junction Notice

Served at least one month before building new walls on or astride the boundary. Requires plans showing the new structure's location and design.

Notice of Adjacent Excavation

Served at least one month before excavating near a neighbour's foundations. Must explain the excavation depth and proximity to neighbouring buildings.

Expert Surveyors UK assists with preparing and serving all types of party wall notices. Our knowledge and expertise ensures notices contain required information and follow proper procedures.

What Happens After Serving Notice?

Once you serve notice, your adjoining owner has three options:

1. Consent to the Works

If your neighbour consents in writing within 14 days, you can proceed with building works. However, even with consent, it's wise to prepare a schedule of condition documenting the adjoining owner's property before works start. This protects both parties if damage claims arise later.

2. Dissent (Not Consent)

If your neighbour dissents or doesn't respond within 14 days, a party wall dispute exists. This doesn't mean conflict – it simply triggers the Act's dispute resolution process.

3. Make a Counter-Notice

Adjoining owners can serve counter-notices requesting additional works. For example, they might ask you to weatherproof their side of a raised party wall or perform other protective building works.

The Party Wall Award

When party wall disputes arise (through dissent or non-response), surveyors must prepare a party wall award. This legal document sets out:

• What works are permitted
• When works can be done
• How works will be carried out
• Who pays for what
• Access arrangements
• How damage will be dealt with

The award provides certainty for both parties and legally authorizes the building works to proceed.

Appointing Surveyors

When disputes arise, each party can appoint their own building surveyor, or parties agree to jointly instruct one expert (an agreed surveyor) to prepare the award.

Expert Surveyors UK acts in all these roles:

• Building Owner's Surveyor – Representing the party doing the works
• Adjoining Owner's Surveyor – Representing the neighbour
• Agreed Surveyor – Serving both parties impartially when they consent to this approach

Our chartered surveyors bring expertise in building pathology and construction to ensure party wall awards protect all parties' interests fairly.

Schedule of Condition

Before building works start, surveyors typically prepare schedules of condition. These detailed records document the adjoining owner's property condition through photographs and written descriptions.

Schedules of condition are crucial because they:

• Provide evidence of pre-existing defects
• Enable comparison if damage occurs during works
• Help resolve disputes about whether damage resulted from building works
• Protect building owners from false damage claims
• Protect adjoining owners by documenting property condition

Our building surveyors at Expert Surveyors UK prepare thorough schedules of condition for party wall matters, documenting everything from structural elements to decorative finishes.

Common Party Wall Issues

Loft Conversions

Many loft conversions require party wall notice because they involve raising party walls or cutting steel beams into them. Our surveyors ensure proper procedures are followed and neighbours' interests protected.

Basement Excavations

Digging basements under existing properties often triggers party wall requirements due to proximity to neighbouring foundations. These complex building works need careful management to prevent subsidence or structural damage.

Extensions

Side and rear extensions frequently reach boundary lines, requiring party wall notice even when the new structure sits entirely on the building owner's land.

Chimney Breast Removal

Removing chimney breasts from party walls requires notice because you're altering the party structure. This common renovation triggers Party Wall Act procedures.

Costs and Who Pays What

Generally, the building owner pays:

• Their own surveyor's fees
• The adjoining owner's surveyor's fees
• Any agreed surveyor's fees
• Costs of making good damage caused by works

However, if adjoining owners request additional works through counter-notices, they typically pay for those extras themselves.

While this might seem unfair to building owners, it reflects the principle that you shouldn't be penalized for your neighbour's building plans. The Act ensures proper procedures protect your property, with costs borne by those choosing to undertake building works.

Access Rights

The Party Wall Act gives building owners rights to access adjoining land when necessary for party wall works. However, reasonable notice must be given, and access should cause minimal disruption.

Common access requirements include:

• Erecting scaffolding on neighbouring property
• Accessing adjoining land for surveyor inspections
• Entry to make good damage caused by works

Our surveyors help negotiate practical access arrangements that allow building works to proceed while respecting adjoining owners' property rights.

What If Damage Occurs?

Despite precautions, building works sometimes cause damage to neighbouring properties. When this happens:

1. The building owner must make good any damage at their expense
2. Surveyors assess whether damage resulted from the building works
3. The schedule of condition provides baseline evidence
4. Surveyors specify appropriate remedial works
5. If parties disagree, a third surveyor may be appointed

Expert Surveyors UK's building pathology expertise proves valuable when assessing damage claims, distinguishing pre-existing defects from new damage caused by building works.

Disputes and Appeals

If you're unhappy with a party wall award, you can appeal to the county court within 14 days. However, appeals are rare because:

• Surveyors must act impartially under the Act
• Awards typically reflect reasonable compromises
• Courts generally respect surveyors' professional judgment

More commonly, disputes arise over whether the Act applies at all, or whether proper procedures were followed. Our chartered surveyors help property owners understand their rights and obligations, preventing disputes through clear communication and professional conduct.

Party Wall Act and COVID-19

The pandemic raised questions about party wall procedures during lockdowns. While courts showed some flexibility with timeframes, the Act's requirements remained largely unchanged. Property owners still needed to serve notices and follow proper procedures for building works.

Scotland and Northern Ireland

The Party Wall Act 1996 doesn't apply in Scotland or Northern Ireland. These jurisdictions have different legal frameworks:

• Scotland: Common law and Building Standards regulations govern party wall matters
• Northern Ireland: Party wall issues fall under general property law rather than specific party wall legislation

However, Expert Surveyors UK operates throughout the UK, understanding regional variations in party wall procedures and property law.

Practical Tips for Property Owners

For Building Owners:

• Serve notice early – don't leave it until the last minute
• Include detailed plans with your notice
• Talk to your neighbours before serving formal notice
• Appoint experienced surveyors familiar with party wall matters
• Budget for surveyor fees and potential damage costs
• Ensure builders understand party wall requirements

For Adjoining Owners:

• Respond to notices within 14 days if possible
• Appoint your own surveyor if you have concerns
• Don't feel pressured to consent immediately
• Request a schedule of condition before works start
• Keep records of any issues during building works
• Remember – you don't pay surveyor fees (building owner does)

How Expert Surveyors UK Can Help

Our RICS chartered surveyors provide comprehensive party wall services:

• Advising whether your building works require party wall notice
• Preparing and serving party wall notices
• Acting as building owner's surveyor, adjoining owner's surveyor, or agreed surveyor
• Preparing schedules of condition
• Drafting party wall awards
• Monitoring building works to prevent damage
• Resolving party wall disputes professionally
• Assessing damage claims and specifying remedial works

With years' experience across residential and commercial properties throughout England and Wales, we bring expertise in building surveying and knowledge of party wall procedures to every instruction.

Conclusion

The Party Wall Act protects both building owners' rights to undertake necessary works and adjoining owners' properties from damage. While party wall procedures might seem bureaucratic, they prevent disputes and provide clear frameworks for resolving issues when they arise.

Expert Surveyors UK's chartered surveyors make party wall matters straightforward. Whether you're planning building works affecting a party wall or received notice from a neighbour, our impartial, professional approach ensures party wall procedures protect all parties' interests fairly.

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