What is a party wall?

A party wall is a shared structure between adjoining properties, as defined by the UK’s Party Wall Act 1996. Key points include:

Definition:

A wall that stands on the lands of two or more owners and forms part of a building

Types:

1. A wall that’s part of one building but used by two or more properties
2. A freestanding wall (e.g., garden wall) on a boundary between properties
3. A wall that’s on one owner’s land but used to separate buildings

Key aspects:

• Jointly owned and maintained by both property owners
• Work affecting it requires compliance with the Party Wall Act
• Includes notifying neighbors and reaching agreements before work begins

Rights and responsibilities:

Both owners have equal rights to use the wall and obligations for its maintenance

Note: Specific rules and procedures apply under the Party Wall Act for any work involving these structures.

What is the Party Wall etc. Act 1996?

The Party Wall etc. Act 1996 is a piece of legislation in England and Wales that governs construction work affecting shared walls, boundaries, or structures between neighbouring properties. It provides a framework for preventing and resolving disputes related to party walls. The Act covers:

• New building on or at the boundary of two properties
• Work on an existing party wall or party structure
• Excavation near neighbouring buildings
• The rights and obligations of property owners

Under this Act, property owners must notify their neighbours about specific types of work and obtain agreement before proceeding. It ensures that construction work is carried out fairly, safely, and with consideration for neighbouring properties, helping to maintain good relations between adjoining owners.

What is a Party Wall Agreement?

A party wall agreement is a legal document between neighbouring property owners who share a wall, boundary, or structure. It’s commonly required when one owner plans to conduct construction work that might affect the shared wall or adjacent property. This agreement outlines:

• The scope and details of the proposed work
• How and when the work will be carried out
• Who will pay for the work
• Access arrangements for surveyors and workers

The agreement helps prevent disputes, protects both parties’ interests, and ensures that any work is carried out safely and legally. It’s essential in many renovation or construction projects, particularly in urban areas with adjoining properties.

Note:

• While the Party Wall Act doesn’t mention “party wall agreements” (it describes “Party Wall Awards”), it does outline procedures for notifying Adjoining Owners about proposed work.
• If you’re the Building Owner, you must notify all Adjoining Owners. This notice informs them of your intentions and allows them to respond.
• If work starts without proper notice, an Adjoining Owner can seek legal remedies, including court injunctions, to stop the work.

What is a Party Wall Award?

A Party Wall Award, sometimes mistakenly called a Party Wall Agreement, is a legal document issued under the Party Wall etc. Act 1996 in England and Wales. It’s created when neighbouring property owners can’t agree on proposed construction work affecting shared walls, boundaries, or structures. The award typically includes:

• Detailed descriptions of the approved work
• Method and timing of the construction
• Measures to protect the adjoining property
• Record of the properties’ condition before work begins

Party Wall Awards are legally binding documents prepared by appointed surveyors. They aim to protect the interests of all involved parties, prevent disputes, and ensure compliance with the Act. Either party can appeal the award within 14 days of receipt by applying to the county court.

What is the difference between a Party Wall Agreement and a Party Wall Award?

While often used interchangeably, Party Wall Agreements and Party Wall Awards have distinct differences in the context of the Party Wall etc. Act 1996:

• Party Wall Agreement: An informal, mutual consent between neighbouring property owners regarding proposed work. It’s achieved when the adjoining owner agrees to the work without involving surveyors.
• Party Wall Award: A formal, legally binding document prepared by appointed surveyor(s) when neighbours can’t reach an agreement. It details the approved work, protective measures, and both parties’ rights and responsibilities.

The key distinction lies in formality and process. Agreements are amicable solutions reached directly between neighbours, while Awards involve surveyors and provide a more comprehensive, legally enforceable resolution. Awards are necessary when direct agreement isn’t possible or when more complex issues need addressing.

What is a Party Wall Notice?

A Party Wall Notice is a formal document served by a property owner to their neighbour (s) before undertaking certain types of construction work that might affect shared walls, boundaries, or structures. This notice is a legal requirement under the Party Wall etc. Act 1996 in England and Wales. It typically includes:

• Details of the proposed work
• The planned start date
• Drawings or plans of the intended construction
• Information about the property owner’s rights and obligations

The notice allows neighbouring property owners to consent to or dissent from the proposed work. It initiates a formal process that can lead to a party wall agreement, ensuring that construction is carried out legally and with consideration for all affected parties. Proper notice must be given at least two months before work begins.

Who is a Building Owner? – (with respect to the Party Wall etc. Act 1996)

In the context of the Party Wall etc. Act 1996, a Building Owner is the person who intends to carry out work covered by the Act. This typically includes:

• The freeholder of the property
• Leaseholders with more than one year remaining on their lease
• Agents acting on behalf of the owner

The Building Owner is responsible for serving Party Wall Notices, appointing surveyors if necessary, and ensuring compliance with the Act. They bear the cost of the work and any reasonable expenses incurred by the Adjoining Owner as a result of the work. The Act grants Building Owners certain rights while also imposing obligations to protect neighbouring properties.

Who is an Adjoining Owner? – (with respect to the Party Wall etc. Act 1996)

Under the Party Wall etc. Act 1996, an Adjoining Owner is the owner of a property that shares a boundary, wall, or structure with the Building Owner’s property. This can include:

• Owners of neighbouring properties
• Leaseholders with more than one year remaining on their lease
• Freeholders of adjacent land or buildings

Adjoining Owners have the right to be notified about proposed work covered by the Act and to object or consent to the work. They can appoint their own surveyor or agree to an Agreed Surveyor. The Act protects Adjoining Owners’ interests and property during construction work on shared boundaries or structures.

What is an Agreed Surveyor? under the Party Wall Act.

An Agreed Surveyor, as defined in the Party Wall etc. Act 1996, is a single surveyor appointed jointly by both the Building Owner and the Adjoining Owner. This surveyor’s role includes:

• Preparing the Party Wall Award
• Ensuring fair treatment of both parties
• Resolving disputes impartially
• Overseeing compliance with the Act

The Agreed Surveyor option can streamline the process and reduce costs, as only one professional is involved instead of two. However, both parties must be comfortable with this arrangement. If either party loses confidence in the Agreed Surveyor’s impartiality, they can appoint their own surveyor, reverting to the two-surveyor process.

What is a Party Wall Third Surveyor?

A Third Surveyor, as specified in the Party Wall etc. Act 1996, is an impartial professional selected by the two party wall surveyors appointed by the Building Owner and Adjoining Owner. The Third Surveyor’s role includes:

• Resolving disputes between the two surveyors
• Providing an additional opinion if requested
• Making final decisions when the appointed surveyors cannot agree

The Third Surveyor is chosen at the outset of the process but only becomes involved if a dispute arises. Their decision is binding unless successfully appealed in court. This system ensures that deadlocks can be broken and the party wall process can proceed even when disagreements occur between the primary surveyors.

What happens if I do not serve a notice as required under the Party Wall Act?

Failing to serve a notice as required by the Party Wall etc. Act 1996 can have serious consequences:

• Your work may be deemed illegal and could be halted
• You may face legal action from your neighbour
• You could be forced to undo work already completed
• You may be liable for damages if your work affects the neighbouring property

Serving the required notice is not just a courtesy but a legal obligation. It protects both parties and ensures that work is carried out in compliance with the Act. If you’ve started work without serving notice, it’s advisable to stop immediately and seek professional advice to rectify the situation.

Party Wall etc. Act 1996 – What do I need to do?

If you are planning to undertake any building works, the following flow chart provides an overview of the process you will need to follow. This is provided for general  guidance only, please contact one of our members for expert advice  specific to your needs.

Note the following flowchart is best viewed on a larger screen. Click here to download a pdf version.