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), we offer pre-notification advice and guidance and can draft and serve the required statutory notices under the Act on your behalf as your agent.

Received a notice?

If you are a property owner who has been notified of construction works (an Adjoining Owner), 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 enabling you to make an informed response. We can also act as your agent and respond to the notice on your behalf.

Disputes arising under the Act:

Disputes must be resolved in accordance with section 10 of the Act by surveyor(s) acting as a tribunal. The parties may concur in the appointment of a single 'Agreed Surveyor' or alternatively each party may appoint a separate surveyor. The surveyor(s) will then determine matters by way of an Award; a legally binding document served on the parties. The Award will set out the rights and responsibilities of the parties and may determine the timing and manner of execution of the works and any other matter arising out of or incidental to the dispute including the costs of making the Award.

Our principal, Andrew McAllister, is a highly experienced party wall practitioner and is regularly selected by other surveyors to act as a Third Surveyor pursuant to section 10(1)(b) of the Act.

Work covered by the Act:

The Act covers three distinct types of work: a) new building on the line of junction between properties; b) alterations to party structures (usually walls but may also be floors); c) certain excavations and construction works below ground and in proximity to neighbouring buildings and structures.

Typical examples include:

• Building a new wall on the boundary between properties;
• Cutting into a party structure or an Adjoining Owner's building for the purposes of installing beams or flashings/weatherings;
• Cutting away projections from a party wall, party fence wall, external of a building wall or boundary wall, such as chimney breasts, piers, nibs or other projections;
• Underpinning or thickening a party wall or party fence wall;
• Demolishing and rebuilding a party wall or a party fence 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.

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