Party wall
The Party Wall Act is a civil matter. The local authority is not involved in the processes explained on this page.
Party Wall Advice
The Party Wall etc. Act 1996 is a framework to prevent and settle disputes related to building works done by a person or organisation (“the Building Owner”). It is a civil matter between property owners. The Local Authority does not normally get involved in the process.
The Act covers:
- various work that is going to be carried out directly to an existing party wall or structure
- new building at or astride the boundary line between properties
- excavation within 3 or 6 metres of neighbouring buildings or structures, depending on the depth of the proposed excavations or foundations
The Act does not cover every day minor jobs that do not affect the neighbours' half of a party wall, including:
- fixing plugs
- screwing in wall units or shelving
- adding or replacing some recessed electrical wiring or sockets
- replastering your walls
What is a Party Wall?
If a wall or floor separates 2 different buildings, it’s a party wall or structure. This applies if the wall or floor separates:
- semi-detached or terraced houses
- flats
- commercial properties like offices or shops belonging to different owners
Only the part that is used by both properties is within the requirements of the Party Wall etc. Act 1996. The rest belongs to the person on whose land it stands.
If you want to carry out building work you must get your neighbour’s agreement before starting work. Work might include:
- structural alterations
- extensions
- internal refurbishment
In certain circumstances, excavating and constructing foundations for a new building within 3 or 6 metres of neighbouring properties also need written agreement.
Excavating and constructing a wall along your boundary is also something you must notify your neighbours about.
What do I do next?
If you plan to do any of these types of works, you must give written notice to your neighbours at least:
- 2 months before starting work to a party wall
- 1 month before starting work for 'line of junction' or excavation works
If the adjoining property is tenanted or leasehold you will need to notify the landlord, as well as any person living in the property.
If there is more than 1 owner of the adjoining property or more than 1 adjoining property, you must notify all owners and occupiers. In the case of flats this also means the owners and occupiers either above or below your property.
Neighbour agrees to the work
If your neighbour agrees to the work, they must sign the acknowledgment and return it to you. You can then start the work within a reasonable period.
You'll be liable for any damage to their property. We strongly recommend that you arrange for a Schedule of Condition of the adjoining property to cover you against any contentious claims.
Neighbour disagrees with the work
If your neighbour does not agree to the work, or has any concerns about the legal rights, then the Act says both parties can each appoint a surveyor, or jointly appoint an 'agreed surveyor' who will act impartially.
The surveyor or surveyors will be responsible for drawing up a document called an 'Award'. This details the work to be carried out, when and how it will be done, and the condition of the adjoining property before work begins.
Who pays
Surveyors fees
The owner who planned the work will usually be responsible for costs associated with the Award. But, the surveyor may decide costs should be shared if there are benefits to other parties.
Building work
This is settled by agreement. If there is a dispute, it will be covered by the Award.
More guidance
The Party Wall Act Explanatory booklet (produced by the Ministry for Housing, Communities and Local Government) has more advice and guidance on the process. It also includes template standard notices you can use. You can also get advice from the Royal Institute of Chartered Surveyors.
Preventing and resolving party wall disputes
Details of types of disputes and advice on dealing with neighbour disputes can be found on:
- The Government's Explanatory Booklet on The Party Wall Act 1996
- Citizen's Advice Bureau for Neighbour Disputes webpage