What is the Party Wall Act 1996?
The Party Wall Act 1996 came into force on July 1, 1997, providing a framework for preventing and resolving disputes between neighbours when building work affects party walls, boundary structures, or involves excavations near adjoining properties.
Many property owners discover the Act's requirements only when planning extensions, loft conversions, or basement excavations. Understanding your rights and obligations under this legislation is crucial for avoiding costly disputes and project delays.
The Act covers three main types of work: Section 1 addresses new party walls or party fence walls on boundary lines, Section 2 covers work directly to existing party structures, and Section 6 governs excavations within 3 or 6 meters of neighbouring buildings.
When Does the Party Wall Act Apply?
Section 1: New Walls on Boundary Lines
Section 1 applies when you want to build a new wall astride the boundary line with your neighbour. This commonly occurs when building a new party wall for semi-detached or terraced houses, constructing party fence walls (walls separating gardens), or replacing existing boundary walls with new party structures.
Under Section 1, you can build entirely on your own land, but if you want the wall to straddle the boundary (often more structurally sound), you need your neighbour's consent.
Section 2: Works to Existing Party Structures
Section 2 covers a wide range of works to existing party walls and structures. This is the most commonly invoked section and includes underpinning party walls (essential for many basement conversions), cutting into party walls for inserting beams or damp proof courses, demolishing and rebuilding party walls, increasing height or thickness of existing party walls, removing chimney breasts from party walls, cutting off projections that interfere with works, and weatherproofing exposed walls when adjoining buildings are removed.
Section 6: Excavations Near Neighbouring Buildings
Section 6 addresses excavations near neighbouring properties. You must serve notice if excavating within 3 meters of a neighbouring building and going deeper than its foundations, or within 6 meters of a neighbouring building where you'll dig within a 45° plane from the bottom of their foundations.
This commonly affects basement excavations and conversions, deep foundation works for extensions, underpinning adjacent to boundary lines, and swimming pool installations.
The Party Wall Notice Process
Step 1: Serve the Appropriate Notice
Notice requirements vary by work type. Section 1 notices require a minimum 1 month before starting work, Section 2 notices require a minimum 2 months before starting work, and Section 6 notices require a minimum 1 month before starting excavation.
Notices must be in writing and include specific information prescribed by the Act. Many builders and homeowners use template forms, but these must be completed accurately with full details of proposed works.
Step 2: Await Your Neighbour's Response
After receiving notice, your neighbour has 14 days to respond by consenting (work can proceed without a party wall award though photographic schedules are still advisable), dissenting (which triggers the formal dispute resolution process), or not responding (deemed dissent after 14 days).
Common notice mistakes to avoid include serving notice to tenants instead of freeholders, providing insufficient detail about proposed works, using the wrong notice type for the work planned, starting work before the notice period expires, and not serving notice to all affected neighbours.
Step 3: Appointing Party Wall Surveyors
When disputes arise (or neighbours dissent), the Act provides for appointment of party wall surveyors. You can use an agreed surveyor (both parties agree on one surveyor to act impartially), two surveyors (each party appoints their own surveyor - most common), or a third surveyor (appointed by the two surveyors to resolve disagreements).
As an Expert Witness RICS providing party wall services, we've acted in all three capacities. The two-surveyor approach, while seeming adversarial, often produces balanced awards that protect both parties' interests.
The Party Wall Award
What a Party Wall Award Contains
A party wall award is a legal document determining how works should proceed. It typically includes a detailed description of works based on drawings and specifications, a schedule of condition recording the adjoining property's pre-works condition, rights of access for executing works and inspections, working hours restrictions on noisy operations, special foundations requirements for excavations near boundaries, making good obligations to repair any damage, and costs allocation of surveyor fees.
The Schedule of Condition
The schedule of condition is crucial. It provides photographic and written evidence of the adjoining property's condition before works commence. This protects both parties - the building owner can prove pre-existing defects they're not responsible for, and the adjoining owner can document condition for comparing against the post-works state.
We always recommend comprehensive schedules including high-resolution photographs of all rooms, detailed crack mapping, level monitoring points in sensitive locations, external elevations and rooflines, and existing defects clearly noted.
Common Party Wall Disputes
1. Damage Claims
The most common disputes involve alleged damage from building works. Claims typically concern cracking to walls and ceilings, door and window binding, floor level changes, decorative damage, and structural movement.
The schedule of condition provides vital evidence for assessing whether damage is new or pre-existing. As an Expert Witness RICS, we've investigated hundreds of damage claims, finding approximately 30% relate to pre-existing issues.
2. Excessive Noise and Disturbance
While party wall awards can restrict working hours, they cannot prevent all disturbance. Disputes arise when works exceed agreed hours, contractors work weekends without permission, noise levels become intolerable, or dust and debris affect adjoining properties.
3. Inadequate Protection and Security
Building owners must ensure works don't compromise security or weatherproofing. Disputes occur regarding exposed party walls lacking weatherproofing, temporary openings in party walls, scaffolding access and security, and temporary support of structures.
Party Wall Surveyor Fees and Costs
The Party Wall Act states that the building owner (person doing the work) pays for their own surveyor's fees, the adjoining owner's surveyor's fees, the third surveyor's fees (if appointed), and reasonable costs of producing the award.
Typical costs vary widely based on project complexity. For simple works, expect £700-£1,500 per surveyor. For complex projects, fees can be £2,000-£5,000+ per surveyor. These costs are in addition to your construction budget and should be factored into project planning.
Expert Witness Role in Party Wall Disputes
When party wall disputes escalate beyond the surveyors' ability to resolve them, Expert Witness RICS professionals may be instructed to provide independent opinions. This typically occurs when damage claims are disputed, technical issues exceed party wall surveyors' expertise, alleged negligence by party wall surveyors is claimed, or court proceedings are commenced.
As expert witnesses, we provide impartial technical opinions based on thorough investigation, detailed analysis of schedules of condition, assessment of damage causation, and opinion on appropriate remedial works and costs.
