The Party Wall Act 1996: Complete Guide

When the Act applies

The Act covers three main categories of work. Section 1 deals with new building on or at the line of junction between two properties. Section 2 covers work to an existing party wall or party structure, including cutting into, raising, underpinning or demolishing the wall. Section 6 covers excavation within defined distances of an adjoining owner's structure, where the excavation goes below the foundation level of that structure.

In practice, the most common triggers are rear extensions, loft conversions, basement excavations, chimney breast removals and structural alterations to party walls in Hampstead, Highgate and across North London.

The notice and response process

The building owner must serve notice on all affected adjoining owners before starting work. The notice period is two months for work under Sections 1 and 2, and one month for excavation under Section 6. The adjoining owner then has 14 days to consent or dissent. If no response is received, a dispute is deemed to have arisen and the matter moves to the surveyor appointment stage.

Surveyor appointment and the award

Where a dispute arises, both parties can agree to appoint a single agreed surveyor, or each party can appoint their own surveyor. The surveyor or surveyors prepare a party wall award that sets out the works to be carried out, the rights and responsibilities of each party, a schedule of condition recording the state of the adjoining property before works begin, and any special requirements such as working hours or access arrangements.

Common issues and disputes

Most party wall matters are resolved without difficulty. Where disputes do arise, they are commonly related to the scope of works, concern about potential damage, access for the schedule of condition survey, or the fees payable. In more complex cases, such as basement excavations near period properties, the technical assessment of risk and the quality of the schedule of condition become particularly important.