Advice on Party Wall Matters

The Party Wall etc Act 1996

Since the Party Wall etc Act 1996 came into force, homeowners in England and Wales have had a procedure to follow when building work has an effect on a party wall.

All semi-detached and terraced houses have party walls. A party wall separates yours and your neighbour’s property. If you are planning on starting work which will have an effect on the party wall you must get your neighbour’s agreement before you commence.

The purpose of The Party Wall etc. Act 1996 is to minimise disputes by making sure property owners use a surveyor to determine how work is carried out. The act also protects anyone that may be affected by the work.

What is a Party Wall matter?

Works which commonly affect the party wall are:

• Extensions
• Internal or external structural alterations
• Damp proofing

Excavation work to a level deeper than your neighbour’s foundations will also constitute a party wall matter if they are within 3 meters (or in some cases 6 metres) of the party wall. This is also applicable to detached properties.

The Act doesn't cover minor jobs which have little effect on your neighbour including drilling small holes for fixings, inserting recessed electrical wiring or sockets and re-plastering.

What to do if your work is covered by The Party Wall Act

If the planned work constitutes a Party Wall matter you must give written notice to your neighbour. This is generally two months’ prior to commencement or one month in the case of excavation works only. The notice should go to the adjoining owner so if the property is tenanted you will need to find out the owner’s details.

It is usually better to speak to your neighbours in advance of serving the notice giving them as much information as possible about what you are planning.

The Act allows both owners to appoint their own surveyor. The building owner’s surveyor will draw up a document called an 'Award' which will be sent in draft format to the adjoining owner’s surveyor. The award will include details of the work to be carried out, when and how it will be done and records the condition of the adjoining property before work begins. Once the contents of the award have been agreed by the surveyors it is published and the work can commence. If both owners are in agreement a single surveyor may be used.

Generally, the building owner who started the work pays for all expenses.

If you require any advice on a Party Wall matter or would like a quotation for us to act on your behalf call us on 020 8445 8508 or e-mail us for a quotation including a brief description of the planned works.

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