Party wall FAQs

According to the Party Wall etc. Act 1996, ‘Party walls stand on the lands of 2 or more owners and either:

• form part of a building
• don’t form part of a building, such a garden wall (but excluding wooden fences).

Walls on one owner’s land used by other owners (2 or more) to separate their buildings are also party walls.

Under the Party Wall Act 1996, notifiable works fall into one of three categories:

1. Work that directly affects a party structure.
2. Excavation near a neighbouring owner’s building.
3. Construction of a new wall on, or up to, the boundary line between two properties.

It is not usually necessary to consult with a solicitor on works that fall under the Party Wall Act. Surveyors are well versed in resolving disputes without the requirement for a solicitor.

No, the Party Wall Act does not offer provisions or mechanisms to resolve boundary disputes.

A party wall award usually governs certain aspects of the works, including working hours and unnecessary inconvenience caused by noise. If the agreed terms are not being adhered to you should contact your party wall surveyor.

Contractors are required to adhere to noise restrictions set by the local authority during their working hours so for noisy works not covered within a party wall award, you should seek advice from your local authority. You should be able to find info related to noise restrictions listed on your local authority’s website.

If you think your neighbour is carrying out work that falls under the Party Wall Act and has not informed you, you should politely ask them to stop work and serve notice.

If they do not stop, you can apply to court for an injunction which will stop all work while a resolution is reached.

If in doubt, speak to an experienced party wall surveyor as they will be able to determine whether your neighbour is carrying out notifiable works, and help manage communications going forwards.

Read more about party wall disputes.

If your neighbour refuses to consent to work that falls under the Party Wall Act, the Act considers this to be a party wall dispute and it must be resolved by way of a party wall award or party wall agreement. To achieve this you can either:

i.) both agree to appoint one party wall surveyor to act for both parties to resolve the matter

or

ii.) each appoint your own party wall surveyor, i.e. have a separate party wall surveyor working for each party.

A party wall award (sometimes known as a party wall agreement) is a legal contract between you and your neighbour. It governs certain aspects of the works such as timings, working hours, and potentially details of the works that fall under the Party Wall Act.

A property owner cannot serve as their own party wall surveyor as this role must be undertaken by an impartial third party. It is highly recommended that you enlist the services of an experienced party wall surveyor to create a party wall award.

A party wall notice is valid for 1 year.

Party Wall Awards cover the work undertaken, so they generally last for the duration of the works. In the event of alleged damage, this needs to be conclusively linked back to the works undertaken, which becomes more difficult as time progresses, but technically the Award will last indefinitely.

If the adjoining owners have given their consent to building works within the 14 days notice period, you can proceed with the works. Good practice would be to order a pre-works schedule of condition – a report that provides a record that can be referred back to in case of any damage during the works which serves to protect both the person doing the work and the neighbour.

A party wall award typically expires one year after it has been issued if works have not been started or have not progressed diligently.

If you receive notice of planned works that fall under the Party Wall Act, read it carefully and review how the work is going to affect your property.

If you are unsure about any implications, seek advice from an experienced party wall surveyor.

A party wall surveyor is usually brought in to resolve a party wall dispute between a person wanting to carry out works that fall under the Party Wall Act and their adjoining neighbour.

They have the knowledge, and experience, to be able to assess and evaluate the likely impact of the work, and help reach a mutually agreeable solution that meets both parties needs and allows the works to progress.

This includes drawing up a legal document – a party wall award – that will govern aspects of the work and must be followed.

Surveyors can also provide you with initial advice and assist you with serving the appropriate notices.

In most cases, the building owner who initiates work that falls under the Party Wall Act is responsible for paying the surveyor’s fees for both parties. There are a few exceptions, so we recommend taking the advice of an experienced party wall surveyor.

No, a party wall award is specific to the original parties involved. The Party Wall Act 1996 does not provide a method for transferring the rights obtained from serving a party wall notice to a new property owner or new neighbour.

No, if your neighbour has not consented to work, and you are awaiting a party wall award, you should not begin any work before the party wall award is in place.

An an adjoining owner refers to a property owner whose land or building is adjacent to another property where construction or renovation work that falls under the Party Wall Act is planned.

The Party Wall Act was created for the benefit of both the person planning to carry out works that fall under the act, and the adjoining owner.

As an adjoining owner you have the right to either consent or object to a notice of proposed work. You also have the right to appoint a party wall surveyor to work on your behalf to negotiate the terms of a party wall award, before works go ahead. The Act ensures you are protected against damage to your property and compensated should this occur.

Depending on the type of work proposed, you will need to give either one month or two months’ notice to your adjoining owners before starting any work that falls under the act.