Party Wall Act Basics

The purpose of The Party Wall etc. Act 1996 is to enable works to proceed and progress properly, it is not meant to hinder or hold up your project. It takes away the need to resolve matters through the courts if something goes wrong and it enables works to be undertaken easily for the Building Owner and with as little inconvenience as possible for the Adjoining Owner. It works by each party appointing their own surveyor or by both parties appointing one surveyor to act impartially to resolve any dispute between the owners.

Party Walls usually separate buildings belonging to different owners. Where a wall separates two different sized buildings often only the part that is used by both properties is a party wall, the rest belongs to a person or persons on whose land it stands.

The Party Wall etc Act 1996 is not limited to just walls separating properties, it also includes provisions to deal with adjacent excavations, party structures and party fence walls. It is these additional provisions that account for the word ‘etc’ within the title of The Act.

A ‘party structure’ is a party wall, floor partition or other structure separating buildings or parts of buildings approached solely by separate staircases or entrances. You would usually encounter one of these as a floor or ceiling in an apartment block.

This is a wall which does not form part of a building and stands on lands belonging to different owners, for example a garden wall but it does not include a timber fence.

Some examples works that are affected by The Act:

1. Cutting into a wall to take the bearing of a beam, for example in a loft conversion.

2. Inserting a damp proof course, even if only to your own side of a party wall.

3. Raising a party wall and, if necessary, cutting off any objects preventing this from happening.

4. Demolishing and rebuilding a party wall.

5. Weathering the junction of adjoining walls or buildings by cutting a flashing into an adjoining building

6. Excavating foundations within three metres of a neighbour’s structure and lower than its foundations

7. Excavating foundations within six metres of a neighbour’s structure and below a line drawn down at 45° from the bottom of its foundations.

8. Building a new wall on the line of junction (boundary) between two properties.

9. The removal of any chimney breast or similar structure projecting from a party wall.