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 who wants to undertake a construction project (a Building Owner), we offer pre-notification advice and guidance and can draft and serve the required notices under the Act on your behalf as your agent.

Received a notice?

If you are an Adjoining Owner who has been notified, we can help you assess the validity of the notice, the potential effects of the planned works, and highlight other aspects for you to consider to enable you to make a informed response. We can also act a your agent and respond to the notice on your behalf.

In the event of a dispute arising under the Act:

Our principal, Andrew McAllister, can act as Building Owner's Appointed Surveyor, Adjoining Owner's Appointed Surveyor or as an Agreed Surveyor under section 10(1) of the Act.

Andrew is an experienced party wall practitioner and is regularly selected by other surveyors to act as a Third Surveyor in accordance with section 10(1)(b). 

Type of work covered by the Act:

The Act covers three distinct types of work; new building on the line of junction between properties; alterations to party structures (usually walls but may also be floors); and excavations close to neighbouring properties.

Typical examples include:

  • Building a new wall on the boundary;
  • Cutting into a party wall for the purposes of installing beams or flashings/weatherings;
  • Cutting away projections from a party wall such as chimney breasts or internal walls;
  • Underpinning a party wall;
  • Raising a party wall (i.e. to form a dormer roof extension);
  • Excavating for and construction of foundations within 3m or 6m of a neighbouring building or structure and at certain relative levels specified by the Act.

Read more:

Case Study
Apart-Hotel, North End Road, Fulham, SW6

We are pleased to have successfully concluded the construction phase party wall awards for this redevelopment project in Fulham. As the building owner's surveyor, Andrew McAllister worked collaboratively with multiple adjoining owner's surveyors to facilitate the construction of a 41 room apart-hotel with ground floor retail unit.

On a tight site in a busy high street setting, the project involves the demolition of the existing three storey building and a Grade II listed party fence wall and the installation of a contiguous flight auger (CFA) piled perimeter retaining wall. This will enable excavation for, and construction of a single-storey reinforced concrete basement, the construction of the four-storey superstructure and the reinstatement of the historic party fence wall.

This was a challenging and rewarding project that required careful coordination and communication among all parties involved. We are pleased to be associated with this development and look forward to seeing it in use.

Services: Consultancy, service of notices, Building Owner’s surveyor under s.10 of the Party Wall etc. act 1996, schedules of condition, access licence agreements, and administration of security for expenses.

Client’s Project Manager – Prosper Technical; Architect – WAMM; Consulting Engineer – MWP; Temporary Works Designer – ADS Consultancy; Contractor – Mead Building Contractors

Images courtesy of WAMM.

Case Study
Hotel & Retail Development, Brixton SW9

We provided consultancy services and Andrew McAllister acted as Building Owner’s surveyor to facilitate the construction of this multi-storey redevelopment of the iconic Art Deco former Woolworths building on Brixton Road and an adjacent building on Coldharbour Lane to provide a 118-bedroom Premier Inn and a first-floor retail outlet. Situated next to the historic Reliance Arcade and with 27 Adjoining Owners, administration of the party wall process was challenging, requiring careful coordination and good communication with all parties involved.

Services: consultancy, service of notices, Building Owner’s surveyor under s.10 of the Party Wall etc. Act 1996, schedules of condition.

Client’s Project Manager – Iesis; Architect – Boyes Rees Architects; Consulting Engineer – Malachy Walsh Partnership; Contractor – JJ Rhatigan & Company

Image courtesy of Boyes Rees Architects.


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