If you’re planning construction near a shared boundary, you may need a party wall agreement. The Party Wall etc. Act 1996 ensures both property owners are protected during building work. It sets out rights, responsibilities, and procedures to prevent disputes. Below, we answer the most common party wall FAQs to help you understand your obligations.
What is a party wall?
A party wall is a wall that sits on the boundary between two properties, shared by both owners. This includes walls between terraced or semi-detached houses and even the floors and ceilings of flats. Some garden walls, known as party fence walls, also fall under this category if they separate land owned by different people.
What is the Party Wall etc. Act 1996?
The Party Wall etc. Act 1996 is a law designed to prevent and resolve disputes related to shared walls, boundary walls, and excavation work near neighbouring properties. It sets out legal obligations for property owners when carrying out structural work close to an adjoining property. The Act ensures both parties’ interests are considered before work begins.
When do I need a party wall agreement?
You need a party wall agreement if you plan to:
- Build on or up to the boundary line with a neighbouring property.
- Carry out structural work on a shared wall, such as cutting into it for beams or removing chimney breasts.
- Excavate foundations within three or six meters of a neighbouring property, depending on depth. If your work falls under the Act, you must serve a party wall notice to affected neighbours before starting.
Who should serve a party wall notice?
The person carrying out the work is legally responsible for serving a party wall notice. You must inform affected neighbours in writing at least two months before work begins. The notice should include details of the planned work, the expected start date, and your contact information.
What should a party wall notice include?
A party wall notice should clearly describe the proposed work and how it may affect the neighbouring property. It must include:
- The address of both properties.
- A full description of the planned works.
- The expected start date of the work.
- The name and address of the building owner.
- A deadline for the neighbour to respond (usually 14 days).
What happens if my neighbour disagrees?
If your neighbour objects or doesn’t respond within 14 days, you enter a dispute resolution process. This involves appointing a party wall surveyor (or two, if both parties prefer separate surveyors). The surveyor(s) will assess the proposed work and issue a legally binding party wall award, outlining how and when the work should be carried out to minimise disruption.
Can I start work without a party wall agreement?
No, starting work without an agreement can lead to legal issues. Your neighbour could apply for a court injunction to stop the work, causing delays and additional costs. The Party Wall Act is there to protect both parties, ensuring work is carried out fairly and without causing unnecessary damage or disputes.
Who pays for the party wall surveyor?
Typically, the person carrying out the work covers the cost of a party wall surveyor. If both parties appoint separate surveyors, each owner pays their own surveyor’s fees. However, if the neighbour’s property will also benefit from the work, they may be asked to contribute to the cost.
How long does the party wall process take?
If neighbours consent immediately, the process is quick, and work can begin after 14 days. However, if surveyors get involved, reaching a party wall award can take several weeks to months, depending on complexity and disputes. Delays usually occur if multiple surveyors need to assess the work.
Do I need a surveyor if my neighbour agrees?
No, if your neighbour provides written consent, you don’t need to appoint a party wall surveyor. However, hiring a surveyor can still be useful to document the existing condition of both properties before work starts. This protects both parties if damage occurs later.
Can my neighbour stop my work?
Your neighbour cannot stop you from carrying out lawful work covered by the Party Wall Act. However, they can dispute specific details, such as how the work is done or the timescales. In such cases, surveyors will decide on a fair solution through a party wall award.
What if my neighbour starts work without notifying me?
If your neighbour begins construction without serving a party wall notice, you can request them to stop until they follow the correct process. If they refuse, you can take legal action to protect your property. The Party Wall Act exists to prevent damage and disputes, so it’s important to enforce your rights.
Does the Act apply to garden walls and fences?
Yes, the Party Wall Act applies to party fence walls, which are walls built on the boundary between properties. However, it does not apply to fences unless they include a structural wall. If you are altering or demolishing a boundary wall, you may need to serve a party wall notice.
What is a party wall award?
A party wall award is a legally binding document issued by a party wall surveyor when there is a dispute. It sets out the scope of work, how it should be done, and protections for both property owners. The award ensures that work follows best practices and minimises the risk of damage or future disputes.
Do party wall agreements apply to commercial properties?
Yes, the Party Wall Act applies to both residential and commercial properties. Any building work that affects a shared wall, boundary wall, or nearby excavation may require a party wall agreement, regardless of the property’s use.
Understanding party walls and legal requirements helps prevent disputes and ensures smooth construction work. Always communicate with your neighbour and follow the correct procedures to avoid delays or legal issues. If you’re unsure about your rights or obligations, seeking advice from a party wall surveyor can save time and stress.
At Focus Consulting, we provide expert party wall services to guide you through the process. Whether you need help serving a party wall notice or resolving a dispute, our team is here to assist. Contact us today to discuss your project and ensure compliance with the Party Wall etc. Act 1996.
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