Party Walls
The Party Wall Act was introduced to protect the interests of property owners involved or affected by building work. The act is based on the old ‘London Building Acts’, which proved so effective they were extended to the rest of England and Wales.
There are two reasons for the act:
- to protect property owners from a situation where work carried out by a neighbour could affect their property.
- to allow people to carry out building work without being hindered by unreasonable neighbours
The act may require a formal notice to be served on the owner of an adjoining property before undertaking building work and, more importantly, to reach agreement with the adjoining owner before the work starts.
This is not part of the planning permission or building regulations approval process. It is a civil matter between building owners.
When does the Party Wall Act apply?
In brief, the act applies in any of the following circumstances:
- Where work is proposed to an existing shared wall or structure
- When building a freestanding wall across the line of the boundary
- When excavating foundations within 3m of an adjoining property where the foundations will be deeper than the foundations of the adjoining property
- There are also rules for foundations within 6m of an adjoining property if the foundations will be deeper than a line drawn downwards at 45o from the bottom of the foundations of the adjoining property
What needs to be done by the person intending to carry out building work?
- A written notice must be served on the owner of any adjoining property advising what building work is proposed. The notice must be served at least 1 month before starting work to any excavations, and 2 months before any work on the party wall/fence. (The notice is valid for 1 year). There are no official forms but the notice must contain full details and plans of the proposed work. It is recommended that a professional advisor is appointed to do this, such as a qualified party wall surveyor
- The owner of the adjoining property may then either give their consent or give counter-notice setting out what additional or modified work they would like carried out. This counter notice has to be served within 14 days
- If after 14 days there is either no response from the adjoining owner or a counter notice is received, then a dispute is regarded to have arisen
It is the resolution of these disputes that is the underlying principle of the Party Wall Act. Accordingly it is advised that a party wall surveyor is appointed from the outset to serve notices onto relevant adjoining owners. The party wall surveyor will give advice on the practical implementation of the act.
Where can I find a qualified party wall surveyor or more information about the Party Wall Act?
More information:
- An explanatory publication called "The Party Wall Act 1996" is produced by the former DETR, now known as the DCLG (Department for Communities and Local Government). To request a copy please write to Slough Building Control Services, My Council, Landmark Place, High Street, Slough, SL1 1JL or call the Planning Services on 01753 477340
- Contact the Royal Institution of Chartered Surveyors. Tel 020 7222 7000 who can offer practical advise on the act and its implementation
Party wall surveyors:
- Ring the Royal Institution of Chartered Surveyors Tel 020 7222 7000 who will hold a current list of party wall surveyors in your area
- Contact the Pyramus & Thisbe Club who again hold a directory of party wall surveyors. Tel 0207 606 2886
