Guide
The Party Wall etc. Act 1996, in plain English
Londoners have lived with party wall rules for centuries. Since 1997 the same system has applied across England and Wales. This is how it works.
- England and Wales
- In force since 1997
- 8 minute read
Where the Act came from
London had rules about shared walls long before the rest of the country, through a run of London Building Acts. The Party Wall etc. Act 1996 took London's system and applied it across England and Wales from 1 July 1997. If it feels like a very London law, that is because it started here.
The Act does two jobs. It gives a building owner the right to do certain work to or near a shared wall, even if the neighbour would rather they did not. And it gives the neighbour protection: notice, a say in how the work is done, and a route to have damage put right.
What counts as a party wall
- A wall that straddles the boundary and is part of a building, such as the wall between two terraced houses or a pair of semis.
- A wall on one owner's land that separates two buildings, for example where next door has built right up against your wall.
- A party fence wall: a masonry garden wall that straddles the boundary but is not part of a building. Timber fences are not covered.
- Other party structures: floors and partitions that separate flats with their own entrances.
The three kinds of work
- Section 1, new walls at the boundary. Building a new wall on the line or up against it. One month's notice. A wall astride the line needs the neighbour's written consent.
- Section 2, work to an existing party wall or structure. Cutting in for beams, raising, thickening, underpinning, removing chimney breasts, demolishing and rebuilding. Two months' notice, known as a party structure notice.
- Section 6, excavation near a neighbour's building. Digging within 3 metres and deeper than their foundations, or within 6 metres where the dig would cut a 45 degree line drawn down from the bottom of their foundations. One month's notice, with plans and sections.
Minor jobs such as fixing shelves, adding sockets or replastering do not usually need notice.
Notices and replies
The building owner serves written notice on every adjoining owner. The neighbour then has 14 days to consent or dissent in writing. For section 2 and section 6 notices, silence after 14 days means a dispute is treated as having arisen. For a section 2 notice, the neighbour can also serve a counter-notice within a month, asking for extra work for their own benefit, such as flues or recesses, which they then pay for.
Surveyors and awards
When there is a dispute, it is settled by surveyors. The owners can share one agreed surveyor, or each appoint their own, in which case the two surveyors choose a third at the start, to settle anything they cannot agree. If a neighbour will not appoint a surveyor within 10 days of being asked, the building owner can appoint one on their behalf.
Every surveyor appointed under the Act must act impartially. Together they make an award, the document most people call a party wall agreement. It settles the right to do the work, how and when it is done, and the costs. Either owner can appeal to the county court within 14 days of it being served.
Access to next door
The Act lets the building owner, their builders and the surveyors go onto the neighbour's land where it is necessary to carry out the notified work. Except in an emergency, 14 days' notice of entry is needed, and the award can set conditions on how access is used.
Protection and damage
The building owner must not cause unnecessary inconvenience, and must make good or pay for any loss or damage the work causes. For some work a neighbour can ask for security for expenses, money held in case the work is left unfinished or goes wrong.
Costs
The building owner usually pays both surveyors' reasonable costs, because the work is for their benefit. Costs can be shared where work benefits both owners, such as repairing a shared wall that was already defective. See who pays party wall costs.
What the Act does not cover
- Planning permission and building regulations, which are separate.
- Disputes about where the boundary actually runs.
- Rights of light, trees, and noise or nuisance unrelated to the notified work.
- Scotland and Northern Ireland, which have their own rules.