At PD Property Reports Ltd, we are here to help you through the provisions and process to allow you and/or your neighbour to abide by the Party Wall etc. Act 1996.

The full legislation of the Party Wall etc. Act can be found here:

From the outset, it is crucial to clarify that the Act serves as an enabling legislation. It does not impede the work undertaken by the Building Owner (BO) and is unrelated to Planning Permission, Building Regulations approval, or boundary disputes.

The Party Wall etc. Act 1996 authorises the execution of proposed works even in the face of neighbourly objections. It is essential to comprehend that these works are lawful, either under permitted development rights, approved planning permissions, and must comply with Building Regulations, alongside adherence to the Party Wall etc. Act 1996. If there are concerns about the legality of the works, it is advisable to engage with the Building Owner (BO) and the Local Authority to clarify this matter beforehand, as it falls outside the remit of the Party Wall etc. Act 1996 and any appointed surveyor or Party Wall Award.

The Act, which came into force on 1st July 1997, applies throughout England and Wales, but not to Scotland or Northern Ireland. It establishes a framework for preventing and resolving disputes related to party walls, party structures, boundary walls, and excavations near neighbouring buildings.

Anyone planning to carry out work in England and Wales, as described in the Act, must notify Adjoining Owners (AO) of their intentions. The Act also applies to properties and buildings owned by the Crown, government, and local authorities.

As a general guideline, you may need to notify your neighbours if you are undertaking one or more of the following activities:

Building on or at the boundary of your properties

Working on an existing party wall or party structure

Digging below and near the foundation level of your neighbour’s property

Examples include:

• Repairing the party wall
• Extensions impacting the party wall
• Inserting a damp-proof course
• Underpinning the party wall
• Cutting into the party wall to support a beam
• Raising the height of a party wall
• Extending a party wall downwards
• Demolishing and rebuilding a party wall
• Removing projections from the party wall (such as a chimney breast)

You do not need to inform your neighbours about minor changes, such as plastering, adding or replacing electrical wiring or sockets, or drilling to put up shelves or cabinets.

Below is a list of common roles and abbreviations found when following the Party Wall etc. Act 1996, along with their meanings:

BO : The legal Building Owner/s as defined by the Party Wall etc. Act 1996.

AO : The legal Adjoining Owner/s as defined by the Party Wall etc. Act 1996.

PWA : A Party Wall Award. The legally binding document between the Building Owner (BO) and Adjoining Owner (AO).

PWS : A Party Wall Surveyor who is competent to issue a Party Wall Award (PWA). The role of the Party Wall Surveyor (PWS) is to hear both side’s requests and act as a mediator, in the first instance. This can be achieved directly with the Building Owner (BO) and Adjoining Owner (AO) or via another Party Wall Surveyor (PWS).

Dispute (or dissent) : When the Building Owner (BO) and Adjoining Owner (AO) can not agree on how the works should proceed.

Third surveyor : A Party Wall Surveyor who is called upon to resolve disputes between two appointed surveyors in a party wall dispute. A third surveyor‘s role is to resolve disputes, give advice, and serve an award. They can also help break a deadlock if the two appointed surveyors are unable to agree on a specific point. They can also be appointed if the Building Owner (BO) has issues with the current Party Wall Surveyor (PWS) they have instructed.

PWN : A Party Wall Notice, sometimes called a Party Structure Notice. A Party Wall Notice (PWN) must be given to your neighbours to inform them of the work you intend to carry out on the party wall. This notice should be served at least two months before the work starts, but not more than a year in advance.

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The Act recognises two main types of party wall and is detailed below:

Party wall Type A

A wall is a “party wall” if it stands astride the boundary of land belonging to two (or more) different owners.

Such a wall:

• is part of one building (see Diagram 1)
• or separates two (or more) buildings (see Diagram 2)
• or consists of a “party fence wall” (see Diagram 3)

A wall is a “party fence wall” if it is not part of a building and stands astride the boundary line between lands of different owners and is used to separate those lands (for example a masonry garden wall). This does not include such things as wooden fences or hedges.

Party wall Type B

A wall is also a “party wall” if it stands wholly on one owner’s land but is used by two (or more) owners to separate their buildings (see Diagram 4).

An example would be where one person has built the wall in the first place, and another has built their building up against it without constructing their own wall.

Only the part of the wall that does the separating is “party” – sections on either side or above are not “party”.

The Act also uses the expression “party structure”. This is a wider term, which could be a wall or floor partition or other structure separating buildings or parts of buildings approached by separate staircases or entrances for example flats (see diagram 5).

Walls that are not Party Walls:

These may include boundary walls (a fence wall/garden wall built wholly on one owner’s land) and external walls (the wall of a building built up to but not astride the boundary).

Diagram 1

Diagram 2

Diagram 3

Diagram 4

Diagram 5

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In general, there are three parts to the Party Wall etc. Act 1996:

Part 1 – The Party Wall Notice

You will need to clarify and document the following information:

1) Who are the legal owners

2) What section of the Party Wall Act are the works undertaken

3) What notice period should you give

4) Detail what the works are

5) When are you wanting to start

Informing the neighbour/s of the work you are wanting to do. You do not need a Party Wal Surveyor to complete this part although if the Party Wall Notice is issued incorrectly, this may delay any work start date as the Party Wall Notice will need to be re-issued in accordance with the Party Wall etc. Act 1996. There are several templates etc online that you could try adapting for this part of the Party Wall etc. Act 1996. However, having an experienced person complete this is advisable due to the potential complexity of knowing which Party Wall Notice to issue and what information is required.

Part 2 – The Party Wall Award

Included in the issuing of the Party Wall Notice, you need to obtain a reply from the neighbour/s either agreeing to the works or not and after 14 days has expired, this is where you should (if not already done) engage a Party wall Surveyor to navigate through the legal process in completing a Party Wall Award.

In the first instance, the Party Wall etc. Act 1996 allows 14 days for a reply from the neighbour/s. If no reply is received, then it is assumed to be in “dissent” a further letter is issued. Ideally, this should be issued by a Party Wall Surveyor and is the “10-day letter”, giving a further 10 days for the neighbour to respond with the requested information. Depending how the neighbour responds will determine the next course of action the Party Wall Surveyor is to take the rains and navigate through the process until the Party Wall Award has been issued.

Part 3 – Making and issuing the Party Wall Award

As part of the process in fulfilling the legal obligations under the Party Wall etc. Act 1996. The neighbour/s have the right to instruct their own Party Wall Surveyor or use the same Party Wall Surveyor as you. The response of the ’10-day letter’ determines the next course action for complying with the Party Wall etc. Act 1996. If the neighbour/s consent to one Party Wall Surveyor, it will make things simpler, quicker, and cheaper for you (the building owner). If the neighbour/s decided to engage their own Party Wall Surveyor, then the Party Wall Surveyors involved will discuss, negotiate and finalise ready to issue a Party Wall Award. This can take time and incur large costs, as most Party Wall Surveyors will charge this by the hour, rather than a fixed fee.

Once the Party Wall Award is completed, this will be issued to all parties involved and becomes a legally binding document from the date of issue. You should follow any instructions in the Party Wall Award so not to incur further costs later after it has been issued.

Further to this a condition survey is recommended and although not part of the Party Wall etc Act 1996. It is always advised to have a survey carried out on the adjoining owner’s property. A record of the condition of the walls, ceilings floors, outside brickwork/render etc can be vital evidence if any issues arise during or after the works. This should be carried out by an independent person and shared with the adjoining owner/s for future reference. It should be noted that the cost of this (if carried out) is outside the scope of the Party Wall etc Act 1996.

N.B.

The parts outlined above are only a snippet of what the Party Wall etc. Act 1996 is and is based on the most basic of Party Wall Award scenario. However, the process covers for more complicated scenarios, such as if both Party Wall Surveyors cannot agree on something and they must include the ‘3rd Surveyor’ to finalise a Party Wall Award. This can get very complicated and expensive.

When to serve a Party Wall Notice?

The Party Wall Act Notice is a form of seeking consent from your adjoining neighbours to carry out certain works at your property. This Party Wall Notice should be served a month before work starts at a minimum. In some cases, two months’ notice will be required before works begin.

There are three notice sections which include:

Section 1 – Line of Junction (one month’s notice)

Section 2 – Party Structure Notice (two months’ notice)

Section 6 – Adjacent Excavation (one month’s notice)

For work involving excavations, Section 6 – Adjacent Excavation will be required. This is sometimes referred to as an ‘excavation’ or ‘adjacent excavation’ notice. The notice must be in writing and delivered in person or by recorded post. It can be sent electronically if the recipient agrees to this.

The Building Owner can do this, which wouldn’t incur a fee. However, you may wish to hire a surveyor to write and send the notice. To be valid, the notice will also need to include a section drawing. This must show the depth of the proposed excavations and where they would be in relation to existing property. Be aware that a Party Wall Notice is not the same as a Party Wall Award. An Award, also referred to as a Party Wall Agreement, must be drawn up by a surveyor.

Further to this section 8 – Access outlines the legal part when entering the adjoining owners land to carry out the works listed in the Party Wal Notice.

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From the outset, the Building Owner is responsible for ALL costs associated with the issue of a Party Wall Award and is part of the Party Wall etc. Act 1996 process and has no expiry date.

This includes any Party Wall Surveyors along with the 3rd surveyor (if needed). After the Party Wall Award and works have been completed and any issues that occur in the future.

As highlighted previously, the Party Wall Notice can be completed by anyone, although this is not advised. If you do engage a Party Wall Surveyor to issue the Party Wall Notice, costs will vary depending on location and number of Party Wall Notices to issue along with the complexity of the works to be undertaken. However, you should expect to pay upwards of £150-200 per Party Wall Notice.

When the Party Wall Notice is returned, hopefully, it will give you an indication on further costs. If the Party Wall Notice is returned with ‘consent to proceed’ and ‘no Party Wall Award’ needed. Then this should be the end of the matter. However, if you are in ‘dissent’ and need a Party Wall Award issuing, then there are 2 potential paths, both with very different cost involved.

Path A, one Party Wall Surveyor to issue the Party Wall Award and you can expect costs to start from £500 and possibly reach £2000, again depending on location and complexity of the Award.

Path B, two or more Party Wall Surveyors to issue the Party Wall Award would carry potential costs of £800-£1800 for each Party Wall Surveyor (maybe more in London).

If the need for a 3rd Party Wall Surveyor is needed, then their costs will be on top of the original Party Wall Surveyors and could start at an hourly rate of £175 to finalise and issue the Party Wall Award.

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In short no, they cannot refuse. However, they can have and should have any concerns/issues heard and negotiated to a mutual agreement. This is what part of the Party Wall etc. Act 1996 is for. They can make it difficult, time consuming and costly but ultimately, they cannot stop the works going ahead.

It is vital to talk to your neighbours from the outset and keep them informed throughout the planning process and hear their concerns/issues during that time, to try resolve them at that time rather than during a Party Wall Award being issued.

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Chimney breast/stacks.

In days gone by, and in properties constructed before the 1980s. A chimney was an essential part of a home in the UK to provide space heating and hot water. Many homeowners now look to remove the chimney breast in their home. To do so means following the correct procedure. This includes Building Regulation compliance and complying with the Party Wall etc Act 1996, if applicable.

If the chimney breast and/or stack makes up part of a Party Wall (wall between two properties), then it will probably be covered by the Party Wall etc. Act 1996. As a result, you will need to notify your neighbour with a Party Wall Notice, usually 30 days, before any work begins. If your neighbour disagrees with or ignores your notice, a surveyor will need to draw up a Party Wall Agreement before any work is undertaken. The Party Wall Surveyor/s will listen to concerns from both sides and make a judgement on what can and cannot be done and include this in the Party Wall Award.

As part of this process, the Party Wall Surveyor checks the proposed works are in line with the Party Wall etc. Act 1996. According to the Act, if no dispute arises there is no requirement to appoint a surveyor. There would therefore be no need for a Party Wall Agreement to be drawn up.

Extensions with or without planning permission

Before you start work on any extension. You will need permission from the Local Authority. This will be granted through a Planning Application or ‘Permitted development’ rights. Either way you will need to contact the local planning office to gain permission in writing beforehand. This is a good time to engage with a Party Wall Surveyor, as the process may take some time to finalise any Party Wall Award, if needed.

You will also need to contact your local Building Regulation department at the Local Authority and submit structural drawings and calculations for approval, unless you use a Building Regulations certified Architect.

It is essential you find and engage a Party Wall Surveyor when building an extension on a party wall or near a boundary. A Party Wall Award cannot be drawn up without a Party Wall Surveyor and work cannot start without a Party Wall Award in place, if in dispute. This will also outline who is responsible for paying the costs involved and when and how the work will go ahead.

A surveyor must also ensure the structural integrity of the wall is not impacted and it is safe to build on. They will help mitigate risks to all parties, ensuring the works run smoothly. The Party Wall Surveyor can also settle any dispute between neighbours regarding the work and any issues after the work has finished.

If building within 3m of another property

If you are looking to have work done which involves excavation, you need to consider the party wall “3 Metre Rule”. The Party Wall etc Act 1996 covers various party wall-related work. This includes excavations within 3 or 6 meters of neighbouring buildings, depending on the depth. The 3-meter rule means notice must be given if you plan on excavating deeper than a neighbour’s foundation within 3 meters of any part of their property structure. You must provide notice in writing. In response, adjoining neighbours must provide written consent before work can take place. If issues or a dispute arises, a surveyor will likely be required to draw up a Party Wall Award to settle the matter.

Providing you follow the Party Wall etc. Act 1996, excavation near adjoining owners’ buildings and land is possible. You will, however, need written permission for certain works. Section 6 of the Act covers excavation near neighbouring buildings. Under this, you must formally notify any adjoining owners if you plan to excavate for a new building structure within: 3 meters of any part of a neighbouring building or structure where any part of the work would go deeper than the neighbour’s foundations. 6 meters of any part of a neighbouring owner’s building or structure where any part of the work will meet a line drawn downwards at 45 degrees in the direction of the excavation from the bottom of the neighbour’s foundation. Excavation work may be needed for a range of reasons. For example, you may need to build on or from a party wall for an extension. In addition to adhering to the Party Wall Act, you should also ensure you have the necessary Planning Permission or Building Regulation Approval. If an extension is being built, the proposed foundations will usually need to be a minimum of 1m deep. If nearby properties are pre-1950s, it is likely they may have shallower existing foundations. It would be worth consulting with a surveyor to ensure the Party Wall Act is adhered to. In some cases, a “trial pit” is dug to ascertain the existing footings.

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