The Party Wall etc. Act 1996   

Introduction

The Party Wall etc. Act 1996 came into force on 1 July 1997. It is largely based on Part VI of the London Building Acts (Amendment) Act 1939 and started life as a Private Members Bill sponsored by the Earl of Lytton.

If you intend to carry out building work which involves:

• work on an existing wall shared with another property
• building on the boundary with a neighbouring property
• excavating near an adjoining building

you must find out whether that work falls within the scope of the Act. If it does, you must serve the statutory notice on all those defined by the Act as adjoining owners. (Remember that reaching agreement with adjoining owners on a project that falls within the scope of the Act does not remove the possible need for planning permission or building regulations approval.)

• What the Act covers
• Definitions
• Notices
• work to an existing party wall
• new wall astride the boundary line
• new wall up against the boundary line
• excavation near neighbouring buildings
• Dispute Procedures
• Award
• Costs of Work

A free DETR publication - "The Party Wall etc. Act 1996: Explanatory Booklet" gives further details about the Act. Copies are available from: DETR free literature, PO Box 236, Wetherby, West Yorkshire, LS23 7NB (Tel: 0870 1226236).

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Department of the Environment,
Transport and the Regions

Building Regulations Division

The Party Wall etc. Act 1996

What The Act Covers

• New building at or astride the boundary line between properties.
• Various work directly affecting an existing party wall including: extending it; underpinning it; rebuilding it; repairing it; or reducing its size.
• Excavating, or constructing foundations for a new building, within three metres of a neighbouring owner's building where that work will go deeper than the neighbour's foundations.
• Excavating, or constructing foundations for a new building, within six metres of a neighbouring owner's building where that work will cut a line drawn downwards at 45o from the bottom of the neighbour's foundations.

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Department of the Environment,
Transport and the Regions

Building Regulations Division

The Party Wall etc. Act 1996

Definitions

A wall is a party wall if:

• it stands astride the boundary of land belonging to two (or more) different owners; or
• it belongs totally to one owner, but is used by two (or more) owners to separate their buildings. Where one person has built the wall in the first place, and another has butted their building up against it without constructing their own wall, only the part of the wall that does the separating is "party" - sections on either side or above are not "party".

The Act also uses the expressions:

• "party fence wall" - a wall which is not part of a building, that stands astride the boundary line between lands of different owners and is used to separate those lands. This does not include such things as wooden fences; and
• "party structure" - a wider term which includes a floor partition or other structure separating buildings, or parts of buildings approached by separate staircases or entrances.

The Act defines an owner as anyone (other than a mortgagee) with an interest greater than a tenancy from year to year. This means that there may be several "owners" of one property.

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Department of the Environment,
Transport and the Regions

Building Regulations Division

The Party Wall etc. Act 1996

Notices

A building owner intending to carry out work covered by the Act must give notice in writing of the intended works to all the relevant adjoining owners. This notice must include: the owner's name and address; the building's address (if different); full details of what is proposed (including plans where appropriate); and the proposed starting date. In the case of excavations, the notice must also state whether the owner proposes to strengthen or safeguard the foundations of the building or structure belonging to the adjoining owner, and it must be accompanied by plans.

At least two months' notice is needed of works to an existing party wall; and one month for a planned new wall or for excavation within the specified distances.

Work to an existing party wall
An adjoining owner cannot stop someone from exercising the rights given to them by the Act, but can influence how and when the work is done. Under the Act, a person who receives a notice about intended work may give consent within 14 days, or give a counter-notice setting out what additional or modified work he would like to be carried out. If an adjoining owner does not do either of these things, a dispute is regarded as having arisen.

New wall astride the boundary line
If the adjoining owner gives a notice within 14 days agreeing to the building of a new wall astride the boundary line, the work (as agreed) may go ahead. If an adjoining owner does not respond, or objects to the proposed new wall, the building owner may only build the new wall wholly on his own land. He may place footings and foundations under the adjoining owner's land. Such footings may not be made of reinforced concrete unless the adjoining owner's express consent is given.

New wall up against the boundary line
The building owner may start work, including placing footings and foundations that extend under the adjoining owner's land, one month after the notice is served. Such footings may not be made of reinforced concrete unless the adjoining owner's express consent is given.

Excavation near neighbouring buildings
If the adjoining owner gives a notice within 14 days agreeing to the work, that work (as agreed) may go ahead. If an adjoining owner does not respond, or objects to the proposed work, a dispute is regarded as having arisen.

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Department of the Environment,
Transport and the Regions

Building Regulations Division

The Party Wall etc. Act 1996

Dispute Procedures

The Act envisages that, in most cases, there will be agreement about the proposed works between the relevant owners. This agreement must be in writing. However, where agreement cannot be reached, the dispute resolution procedures of the Act come into play.

The preferred solution is for the owners to agree upon one surveyor to draw up an "award". If they do not agree upon one surveyor, they must each make an appointment. The two surveyors thus appointed select a third surveyor who can be called in if necessary. Surveyors appointed under the dispute procedures must act impartially, taking into account the interests of both owners. It is not a client/agent relationship.

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Department of the Environment,
Transport and the Regions

Building Regulations Division

The Party Wall etc. Act 1996

Award

An "award" is drawn up by the appointed surveyor or surveyors. The award is a statement laying down what work can be carried out, and how and when it is to be done. The award will also specify how the surveyors' fees will be apportioned - usually the owner who initiates the works pays. The award is served on all relevant owners, each of whom is bound by the award unless he appeals within 14 days to the county court.

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Department of the Environment,
Transport and the Regions

Building Regulations Division

The Party Wall etc. Act 1996

Costs of Work

The general principle in the Act is that the building owner who initiated the work pays for it. However, there are various exceptions, for example:

    * where an adjoining owner agrees to the construction of a new wall astride the boundary line;
    * where work to a party wall is needed because of defects or lack of repair for which the adjoining owner may in whole or in part be responsible;
    * where an adjoining owner requests that additional work should be done for his own purposes.

The building owner must pay compensation to an adjoining owner for damage to property caused by the carrying out of work pursuant to the Act.

The building owner may be expected to pay for the strengthening or safeguarding of the neighbouring owner's foundations where excavation within the specified distances is proposed.

Where the dispute resolution procedure is called upon, the award may deal with apportionment of the costs of the work. The dispute procedure may be used specifically to resolve the question of costs.