Party Wall etc. Act 1996

"An Act to make provision in respect of party walls, and excavation and construction in proximity to certain buildings or structures; and for connected purposes; and includes a framework for the resolution of disputes."

Planning building work?

If you are a property owner in England or Wales intending to carry out construction works (a ‘Building Owner’), early expert advice can help identify potential obstacles, optimise development potential, and influence both cost and programme.

Service of a valid notice is a prerequisite to invoking the Party Wall etc. Act 1996 and is the legal basis upon which all rights under the Act are conferred and obligations arise. For a notice to be effective, it must:

• Be served in accordance with the statutory requirements
• Identify the proposed works by reference to the relevant provisions of the Act
• Be accompanied by plans and sections where required by the Act
• Provide sufficient detail and clarity to enable the recipient to decide what action to take

Given the statutory notice periods (1 or 2 months depending on the nature of the works) and the potential for disputes to arise, notices should be served well in advance of any intended start date.

We offer professional pre‑notification advice and support. As your authorised agent, we will:

• Review your proposals in the context of the legislation
• Advise on the respective rights and obligations of the parties
• Highlight potential implications of the works and identify other relevant considerations
• Liaise with your designers and help maximise development potential
• Address any misunderstandings and help you avoid common pitfalls
• Undertake property title searches and identify the parties to be notified
• Draft and serve compliant statutory notices on your behalf, liaise with Adjoining Owners, and handle responses

Received a notice?

If you are a property owner who has been properly notified of proposed works under the Act (an ‘Adjoining Owner’), you may either consent to or dissent from the proposals.

If you consent, you are confirming that you have no objection to the works proceeding as described in the notice(s) and accompanying drawing(s). The works may then proceed, after the statutory notice period has expired, without further formality and without the involvement of surveyors.

The Act contains no provision for withdrawing consent. However, a fresh dispute may subsequently arise in connection with the authorised works; for example, concerning unauthorised deviation, omissions, damage, or access, which would require resolution under section 10.

If you dissent, you indicate disagreement and a formal dispute is initiated under the Act. If you do not respond to a notice served under section 3 or section 6 within 14 days, a dispute is deemed to have arisen.

You might choose to dissent if you:

• Doubt the Building Owner’s right to carry out the proposed works
• Have reservations about the adequacy of the design, temporary works, or other protective measures
• Have concerns about the potential impact the works may have on your property
• Are concerned about potential inconvenience or loss of amenity
• Have misgivings about the competence or track record of the Building Owner, designers, or contractor
• Require further clarity and certainty before the works proceed

You are not required to explain your reason for dissenting, but doing so can assist the process.

As your authorised agent, we will:

• Advise on the validity of the notice
• Explain the respective rights and obligations of the parties
• Interpret the design and specification
• Identify potential risks, implications and the need for protective measures
• Address any misunderstandings and help you avoid common pitfalls
• Support you in making a clear and informed response
• Respond to notices on your behalf 

Resolution of disputes:

Once a dispute has arisen or is deemed to have arisen, it must be resolved in accordance with section 10 of the Act by an appointed surveyor or surveyors acting in a statutory capacity. The parties may either:

• Concur in the appointment of a single ‘Agreed Surveyor’; or
• Each appoint their own surveyor

Surveyors are appointed under the Act in a personal capacity and must be independent of those appointing them. Their jurisdiction is limited to resolving matters in dispute between the parties. The role is sui generis (unique) and quasi-judicial / quasi-arbitral in nature, combining technical expertise, legal interpretation, statutory compliance, and determinative decision-making. It is therefore advisable to appoint a qualified professional with a solid grounding in construction technology and building pathology, together with a thorough understanding of the legislation and familiarity with relevant case law. 

Appointing a specialist Chartered Building Surveyor qualified in dispute resolution will help ensure the Act is administered competently and effectively.

The appointed surveyor or surveyors will:

• Review the design and notified proposals within the context of the legislation and with regard to the Adjoining Owner’s property
• Seek clarification or further information as necessary
• Record the condition of the relevant parts of the Adjoining Owner’s property

They will then determine the matters in dispute impartially and objectively by way of an Award. The Award is a legally binding document served on the parties. It sets out their respective rights and obligations, regulates the timing and manner by which the works are to be carried out, and may determine any other matter arising out of or incidental to the dispute, including the costs of making the Award.

Work regulated by the Act:

The Act covers three distinct categories of work:

• New building on the line of junction
• Alterations to party structures (typically walls, but also floors)
• Certain excavations and construction works below ground and in proximity to neighbouring structures

Typical examples include:

• Constructing a new wall on the boundary
• Underpinning, thickening, or raising a party wall or party fence wall
• Cutting into a party structure or an adjoining building
• Cutting away projections from a party wall 
• Demolishing and rebuilding a party wall or a party fence wall
• Exposing a party wall that is currently enclosed
• Excavating for and constructing foundations or other structures within 3m or 6m of an Adjoining Owner’s structure and at prescribed relative levels

A Building Owner’s right to carry out works in pursuance of the Act is contingent upon them serving a valid notice and either:

• the Adjoining Owner's express consent; or
• the service of an Award pursuant to section 10 of the Act

In addition, the relevant statutory notice period must have expired or been expressly waived by the Adjoining Owner.

For further advice:

We offer clear, expert advice and guidance. For a free, no-obligation initial telephone consultation - please get in touch.

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