Party Walls - The Party Wall Etc. Act 1996

The Party Wall Act 1996 (the “Act”)  is intended to provide a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.

If you live in a terraced or semi-detached house you will inevitably share walls with your neighbours. These walls are called “party walls”.  Party walls also exist where an owner has constructed a building next to and using a neighbour’s existing wall.  However, where a wall is shared by buildings of different sizes only the part used by both buildings will be a party wall.

The Act gives rights to an owner who wishes to carry out works or repairs to an existing party wall. It is also designed protect the interests of any adjoining owners who may be affected by such works.   

The following examples are specifically contemplated by the Act (this list is not exhaustive):-

• cutting into a party wall for any purpose (eg inserting a damp proof course);
• underpinning, thickening or raising a party wall;
• cutting into a party wall to accommodate a structural beam (eg for a loft conversion).

Before commencing such works you must give 2 months written notice and gain the written agreement of any relevant adjoining owners. Works of excavation or foundations for a new property within 3 or 6 metres of adjoining properties will also require similar consent. 

Although the notice periods are mandatory it is possible to gain the advance consent and agree that works may commence earlier. This is a sensible step as early communication will usually avoid disputes at a later stage and can lead to early receipt of written consent.  In any event a response should be received from an adjoining owner within 14 days. 

Where disputes arise, the Act contains provisions for dispute resolution by the appointment of an impartial surveyor.  However, where an owner intending to carry out work refuses to adhere to the Act or even disputes the jurisdiction of the Act and its dispute resolution procedure an owner may be forced to seek redress from the Courts.  As always any Court proceedings are expensive, particularly where immediate action is required to restrain an owner from commencing works.

When considering works or repairs to a party wall, owners should always have regard to the Act and ensure that time limits for notice are complied with.

For more information on this subject an information booklet can be found on the website of the Office of the Deputy Prime Minister at www.odpm.gov.uk.

This article is a general guide only. It is not comprehensive. Specific legal advice should be sought in relation to the particular facts of a given situation.

March 2006