Party walls are a common feature in many properties, especially in terraced or semi-detached houses. However, when building works are planned near or on these shared structures, legal issues can arise. This article explains the basics of party wall law in England and Wales, focusing on the Party Wall etc. Act 1996 (PWA 1996), and what property owners need to know.
What Is the Party Wall etc. Act 1996?
The Party Wall etc. Act 1996 provides a legal framework for neighbours who share a boundary to carry out certain types of building work. The Act applies to:
- Building or demolishing a party wall or structure
- Repairing a party structure
- Excavating within three or six metres of a neighbouring building
The Act was introduced to prevent disputes and damage that can occur when one owner carries out works that affect a shared wall or boundary. It sets out clear procedures for notifying neighbours and resolving disagreements.
When Does the Act Apply?
The Act applies if you plan to:
- Work on an existing party wall, party fence wall, or party structure (including repairs or rebuilding)
- Build a new wall on or near the boundary
- Excavate within three or six metres of a neighbour’s building, depending on the depth of the excavation
Important: Even if you have planning permission or building regulations approval, you must still comply with the Party Wall Act if your works fall within its scope.
What Is a Party Wall?
A party wall is a wall that stands on the boundary between two properties and is shared by both owners. There are two main types:
- Type A: A wall that forms part of both buildings and stands on the boundary (e.g., the wall between two terraced houses).
- Type B: A wall that stands entirely on one owner’s land but is used by both owners (e.g., where one house is built up against the neighbour’s wall).
The Act also covers:
- Party fence walls: Walls on the boundary that are not part of a building, such as a brick garden wall (not wooden fences).
- Party structures: Horizontal structures like floors or ceilings between flats or maisonettes.
What Are the Legal Requirements?
If you intend to carry out works covered by the Act, you must:
- Serve Notice: Give written notice to all affected neighbours (adjoining owners), including those who own government or local authority property.
- Wait for Consent: Your neighbour can consent or dissent. If they dissent, a dispute is deemed to have arisen.
- Appoint Surveyors: If there is a dispute, each party can appoint a surveyor, or agree on a single surveyor.
- Party Wall Award: The surveyor(s) will make a legally binding decision (an “award”) on how and when the work should be carried out, and record the condition of the neighbour’s property.
Neighbours cannot prevent you from carrying out works allowed by the Act, but they can influence how and when the work is done to protect their interests.
Common Legal Issues
- Failure to Serve Notice: Not notifying your neighbour can lead to legal action and delays.
- Disputes Over Damage: If your works cause damage, you may be liable for repairs.
- Boundary Uncertainty: Disagreements can arise if it is unclear who owns the wall or where the boundary lies.
- Timing and Method of Works: Neighbours may object to the timing or method of construction, leading to the need for a party wall award.
Key Points to Remember
- The Party Wall Act is separate from planning permission and building regulations.
- Always check if your planned works are covered by the Act.
- Proper notice and procedure can prevent costly disputes.
- Surveyors play a key role in resolving disagreements and protecting both parties.
For further information on understanding Party Wall matters, please contact: james@naylorllp.co.uk
The information provided in these articles is for general guidance and informational purposes only. It does not constitute legal advice and should not be relied upon as such. While every effort has been made to ensure the accuracy of the content at the time of publication, laws and regulations may change. For advice specific to your circumstances, please consult a qualified legal professional. No liability is accepted for any loss or damage arising from reliance on the information contained herein.