A Guide to the 1996 Party Wall Act
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Service Summary
An Adjoining Owner Survey is a protective service for homeowners whose neighbours are undertaking construction work covered by the Party Wall etc. Act 1996. By appointing an impartial, qualified surveyor, you secure expert advocacy to safeguard your property and assert your legal rights.
Objectives
- Prevent structural damage
- Enforce your legal rights
- Obtain expert, impartial oversight
- Document property condition pre-construction
- Ensure safe, compliant work
Important Parts of the Party Wall Act 1996
1. Constructing a New Structure Adjacent to the Line of Junction
This part talks about putting new walls or buildings right on the property line. Owners must tell their neighbours ahead of time and can’t start construction until the notice period is up, unless everyone agrees to skip the notice period.
2. Fixing, keeping up, and making a party wall thicker
As long as they give enough notice, neighbours can fix or change a shared wall, even making it thicker.
3. Notice About Party Structures
Owners must give formal notice before any work can be done on a shared wall, floor, or ceiling. It should have drawings, information about the work that will be done, when it will start, and how long it is expected to take.
4. How the Neighbour Responded to the Notice
Neighbours have two weeks to respond to the notice. They can agree to the proposal, send a counter-notice with changes, or disagree, which starts the dispute procedure.
5. Disagreements About Notices or Counter-Notices
If there are arguments about notices or counter-notices, they become official disputes that need surveyors to be hired and a Party Wall Award to be given.
6. Digging and Building Near a neighbour’s Property
The Act says that you can’t dig within 3 metres (or 6 metres if the foundation is deeper) of a neighbour’s foundation. It specifies minimum distances, safety measures, and notice periods to make sure everyone is safe.
7. Responsibility for Damage
If a building damages a neighbour’s property, as by cracking it or blocking light, the neighbour might get money for the harm.
8. Rights to Enter for Construction Work
Building owners and contractors have the right to enter their neighbour’s land at reasonable hours and with proper notice to do work that is allowed.
9. Easements and Support Rights
This rule makes sure that party walls and buildings support each other without saying so, which stops one side from hurting the other’s property.
10. Settling Disputes
This part talks about ways to settle disagreements, such as mediation, surveyor decisions, or going to court.
11. Cost Sharing
Most of the time, the building owner pays for surveys, notices, and awards. If the neighbour benefits from the work, they may also have to pay for a portion of it.
12. Costs Security
Owners of buildings may have to put up a security, like a bond or cash deposit, to make sure that costs and damages are covered.
13. Tracking the Work
Keeping Track of the Work Builders and surveyors must keep detailed records of supplies, labour, and costs so that they can send clear bills.
14. Paying Off Debts
This part tells you how to finish paying for the work and take care of any other problems.
15. Sending Documents and Notices
It explains the right ways to transmit notices so that the neighbour gets them, whether they are sent in person, via registered mail, or by recorded delivery.
16. Punishments for Not Following the Rules
If you don’t follow the requirements of the Act, including starting work without giving notice or ignoring an award, you could be fined or have to go to court.
17. Getting Back Money That Is Owed
The Act tells you how to get money back that someone owes you, pay for damages, or pay a fine through the courts if you need to.
18. Exceptions for Old Buildings
There are special standards for historical or religious structures that take into account the need to safeguard history and the fact that they were built in a particular way.
19. Use of Crown Land
The Act explains how to deal with problems and notices about Crown land.
20. Knowing Important Words
This segment explains what important words in the Act mean, like “building owner”, “adjoining owner”, “party structure”, and “line of junction”.
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Frequently Asked Questions (FAQ)
1. nWhat kinds of work need a party wall notice?
That the following kinds of work need notice:
- Putting up a new wall on the property line (Section 1).
- Changing or elevating a wall that is shared (Section 2).
- Digging close to a neighbour’s foundation (Section 6).
Example:
Sarah wants to put supports under her basement, which is 4 metres from her neighbour’s house. Two months before she starts the position, she gives a Section 6 notice.
2. When should the notification be served?
Two months before starting to build or change a building (Sections 1 and 3). One month before starting to dig (Section 6).
Example:
Tom tells everyone on January 1 that he wants to make his party wall thicker, but he can’t start until March 1.
3. What happens if the neighbour doesn't respond?
If there is no response after 14 days, the dispute process begins, and both parties must hire surveyors.
Example:
For instance, if Laura’s neighbour doesn’t answer, she can call a surveyor on the 15th day to get a Party Wall Award.
4. If the neighbour agrees in writing, can I go ahead?
Yes. Written permission means that there is no need for a formal dispute process, and a full Party Wall Award is generally not needed.
Example:
Mark emails his neighbour designs, and the neighbour signs the approval form, which lets Mark go ahead without having to hire a surveyor.
5. Do the rules apply to little, non-structural work?
Yes, the Act doesn’t cover cosmetic work like painting, plastering, or drilling holes for shelves.
Example:
Priya, for instance, makes holes in the party wall to hang photos. Since the structure doesn’t alter, she doesn’t need to give notice.
6. What does a party wall surveyor do?
A party wall surveyor looks at the circumstances, writes the Party Wall Award, and helps settle arguments. They write down the current condition of properties and tell them how to move on with the work.
Example:
Surveyor Jane checks both homes for cracks and adds safety features to the award before work starts.
7. Can a neighbour halt the work?
Not unless the law is broken. If a neighbour sends a counter-notice, the process can be delayed. This starts the dispute resolution process.
Example:
Jack’s neighbour is delaying the work by challenging the notice, which means that an award has to be given, which pushes back the start date.
8. How close can I dig to the foundation of my neighbour?
You can dig up to 3 metres from the property line (6 metres if the foundation is deeper than 3 metres), but you must issue a Section 6 notice and follow all safety rules.
Example:
Emma’s excavation is 2.5 metres from the property line, and in her notice, she makes sure that her neighbour’s wall is stronger.
9. What does a counter-notice mean?
A counter-notice is the neighbour’s response to the proposed work, which could include asking for a different start time or further safety measures.
Example:
John sends a counter-notice asking that the work start two hours later so that it doesn’t make too much noise.
10. How much does a standard party wall agreement cost?
Prices depend on where you are and how complicated the case is. A single-surveyor agreement can cost between £700 and £1,200, but a dispute with more than one surveyor can cost more than £2,000.
For instance, an agreed-upon surveyor may easily move a boundary for £850, which is paid evenly between the two sides.
11. Who pays for the surveyor?
The owner of the building is usually liable for paying the surveyor’s fees, even if the neighbour hires one. Section 11 says that Alex has to pay for both surveyors, even if the neighbour hires their own.
12. Is it possible for me to pick my own surveyor?
Yes, but if there is a disagreement, the surveyors must stay neutral and not take sides. You can’t hire a friend or colleague unless they match these requirements.
Example:
Zoe engages a fair surveyor from a well-known company to make sure the process is fair.
13. What if work starts without warning?
The neighbour can go to court and ask for an injunction to stop the work, and they may also ask for money to cover any damage. If builders start underpinning without telling anyone, the neighbour might ask a court for an injunction until the work is done.
14. What is included in a party wall award?
A Party Wall Award lists the work that has been approved, such as the work schedule, safety measures, access rights, and the condition of the property.
Example:
The award might say that cutting bricks is only allowed between 9 a.m. and 4 p.m. and that scaffold boards must be used to protect the neighbour’s driveway.
15. Do I have to let people onto my property?
Yes, the owner of the building can come onto your property, but they have to give you adequate warning and keep the disruption to a minimum.
Example:
Lewis tells his neighbour 48 hours before workers come to fix a wall in his garden that they both share.
16. Can I deny access for privacy reasons?
You can’t unfairly reject access, but you can talk about the terms, such as needing monitoring or limiting working hours.
Example:
Carol agrees to let the workers in as long as there is a supervisor there, and the builder pays for it.
17. How do I get my money back?
To get damages, take pictures of the damage, tell the building owner, and put the claim in a counter-notice or email it directly to the surveyor.
Example:
Peter engages a structural engineer after seeing cracks in his wall and uses the report to back up his claim for damages under Section 7.
18. Is it possible to limit the hours of work?
Yes, Party Wall Awards usually say what hours work should be done to keep noise and disruption to a minimum. The award might say that work can only be done on weekdays between 8 a.m. and 5 p.m., and that Saturday work needs to be approved ahead of time.
19. What if both sides agree on just one surveyor?
As long as both owners sign a mandate saying that the surveyor is fair, an “agreed surveyor” can work for both sides, which saves time and money.
Example:
Kim and Luca engage a surveyor they both agree on, and the award is finalised in three weeks.
20. Do the rules cover walls and fences in gardens?
No, unless the wall is a permanent, structural party wall that crosses the property line. The Act does not protect wooden fences. A new brick wall has to be noticed, but a 6-foot wooden fence does not.
21. Does the Act cover both flats and houses?
Yes, it includes all the common areas in buildings, such as floors, ceilings, and walls.
Example:
if someone who owns a flat wishes to change the load-bearing joists above another flat, they have to give notice to the party structure.
22. Is getting permission to build a party wall the same as getting planning permission?
No, the two are not the same. You might require both a party wall agreement and approval from the local government to build.
Example:
Nina wins approval to build an expansion, but she still has to give a Section 1 notice under the Act.
23. How long is a notice good for?
A notice is good for one year from the day it is given. A new notice is needed if work doesn’t start within this time frame. If a notice is given on June 1, 2025, the work must begin by May 31, 2026; otherwise, a new notice must be sent out.
24. Is it possible to contest a party wall award?
If either party thinks the award is unfair or wrong, they can appeal it in county court within 14 days.
Example:
Victor questions the terms of access in an award, and the court changes the schedule to fit his needs.
25. Where can I receive more help?
The complete text of the Act is available at (legislation.gov.uk](https://www.legislation.gov.uk/ukpga/1996/40/contents). The Royal Institution of Chartered Surveyors (RICS) has helpful instructions and tools. You can also look at the websites of expert party wall surveyors. Thanks to the UK Legislation Portal for letting people read the whole Party Wall Act 1996 for free. Their new wording has been really helpful in making this tutorial clear and easy to understand.
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