Planning building work that affects a shared wall or is near a neighbouring property? The Party Wall Act 1996 may apply, requiring you to notify neighbours and potentially arrange party wall surveys.
What is the Party Wall Act?
The Party Wall Act 1996 provides a framework for preventing and resolving disputes about party walls, boundary walls, and excavations near neighbouring buildings.
It applies in England and Wales to work including:
- Building on a boundary
- Cutting into a party wall
- Removing a party wall
- Excavating near neighbouring buildings
When the Act Applies
Work to Party Walls
A party wall separates buildings of different owners. Work directly affecting the wall – cutting, strengthening, raising, or demolishing – triggers the Act.
Building on the Boundary
New building on or astride the boundary with a neighbour requires notice, even if no existing party wall.
Excavation Near Neighbours
Excavating within 3 metres of a neighbouring building, where excavation goes deeper than the neighbour’s foundations, triggers notice requirements. Extended provisions apply within 6 metres for deeper excavations.
The Notice Process
Serving Notice
Before starting relevant work, you must serve notice on affected neighbours. Different notice types apply to different work:
- Party Structure Notice (work to party walls)
- Line of Junction Notice (building on boundary)
- Notice of Adjacent Excavation (excavation near neighbours)
Notices must be served at least one month (two months for Line of Junction) before work starts.
Neighbour’s Response
Neighbours can consent (work proceeds), dissent (surveyors appointed), or not respond (deemed dissent after 14 days).
Surveyor Appointment
If neighbours dissent, surveyors are appointed to prepare a Party Wall Award – a legal document governing how work proceeds.
Party Wall Surveyors
Agreed Surveyor
Both parties can agree to appoint one surveyor acting impartially. Often quickest and cheapest.
Two Surveyors
Each party appoints their own surveyor. The surveyors work together to prepare the Award, selecting a Third Surveyor to resolve any disputes.
The Party Wall Award
A Party Wall Award (or Agreement) is a legal document that:
- Describes the proposed work
- Records the condition of adjoining property (Schedule of Condition)
- Sets out how work will be done
- Specifies protective measures
- Determines cost allocation
- Includes right of access provisions
- Addresses compensation if damage occurs
The Award protects both parties. The building owner can proceed with work; the adjoining owner has documented protection.
Schedule of Condition
A crucial component – detailed record of the neighbouring property’s condition before work starts. Typically includes:
- Photographs of existing cracks and defects
- Written descriptions
- Measurements where relevant
If the neighbour claims damage during or after work, the Schedule provides evidence of pre-existing condition.
Costs
Who Pays?
Generally, the building owner pays surveyor costs unless the adjoining owner’s unreasonable actions increase costs.
Typical Costs
Surveyor fees depend on complexity. Simple matters might cost £500-£1,000; complex projects with multiple neighbours cost more.
Don’t appoint surveyors prematurely. If neighbours consent, no Award is needed.
Common Misconceptions
“I don’t need to notify because we have a good relationship” – The Act applies regardless. Notify formally even if you expect consent.
“Building control approval means I don’t need party wall procedures” – These are separate regimes. Building control approval doesn’t satisfy Party Wall Act requirements.
“The work is minor, so the Act doesn’t apply” – The Act has specific triggers. Minor work that meets those triggers still requires compliance.
Our Party Wall Services
Emerald Ritter surveyors act as party wall surveyors for both building owners and adjoining owners across Gloucestershire.
We can advise on whether the Act applies to your work, serve notices, prepare Awards, and produce Schedules of Condition.
Contact us to discuss your party wall requirements.
