Looking to do building works on a semi-detached or terraced property, and not familiar with The Party Wall Act? Then please keep reading!

We've recently been discussing this topic during one of our Live Support Sessions, so we've decided to share some of the advice mentioned below.

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What is the Party Wall Act?

The Party Wall Act is a UK law that applies to building works that involve shared walls or boundaries between neighbouring properties.

The purpose of the Act is to ensure that building work on or near a shared wall does not damage or compromise the structural integrity of that wall, and to provide a framework for resolving disputes between neighbours.

The Party Wall Act requires property owners to give their neighbours notice of any proposed building work that could affect a shared wall, and to obtain their neighbour's approval before starting the work. This includes work such as building a new wall on the boundary, cutting into an existing wall, or excavating near a shared wall.

The Act also sets out procedures for resolving disputes between neighbours, such as appointing a surveyor to act as an impartial third party.
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When is the Party Wall Act required?

The Act covers certain types of building works that may affect party walls, party fence walls or excavations near neighbouring buildings.

If you're considering any of the following building works, we would advise you to comply with the Party Wall Act:

• Building a new wall at the boundary between two properties
• Cutting into a party wall to insert a beam or other support
• Raising, lowering or demolishing a party wall
• Excavating within 3 or 6 meters (depending on the depth of excavation) of a neighbouring building's foundation, and below the level of its foundations
• Excavating within 6 meters of a party wall or boundary with the aim of constructing a new building

Generally, most extensions, basement conversions, and loft conversions will be notifiable under the Party Wall Act.

It's also important to note that the Act applies even if you own the wall or boundary in question.‍

How do I know if my wall is an adjoining or boundary wall?

Determining whether a wall is a boundary wall, or adjoins to a neighbour's property, can depend on various factors, including the property's location and the specific details of the wall's construction.

Here are a few steps that you can take to help you determine if your wall is a boundary wall or an adjoining wall:

1. Check your property's deeds: Your property's deeds should contain information about the ownership of the wall. If the wall is a boundary wall, it should be listed as such in the deeds
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2. Look for physical markers: In some cases, there may be physical markers on the wall itself that indicate whether it is a boundary wall or an adjoining wall. For example, if there are pipes or wires running along the wall that stop at a certain point, that may indicate that it is a boundary wall.

3. Ask your neighbors: If you are unsure about whether the wall is a boundary wall or an adjoining wall, you could ask your neighbors if they know. They may have information that can help you make a determination.

4. Consult a surveyor: If you are still uncertain about the status of the wall, you can hire a surveyor to help you determine whether it is a boundary wall or an adjoining wall. They will be able to examine the wall and provide you with a professional opinion.
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How do I make sure I comply with The Party Wall Act?

If you are planning to carry out any of those building works mentioned above, the following steps can help you comply with the Act:

1. Identify the affected parties: Determine who the neighbouring property owners are and whether the proposed building work could affect any shared walls or boundaries.

2. Serve notice: Provide your neighbours with a written notice of your proposed work at least two months before the intended start date. This notice should include details of the proposed work, the date on which you intend to start, and a description of the likely impact on the shared wall or boundary.

3. Obtain written consent: Obtain written consent from your neighbours, including any conditions they may have, and keep a copy for your records. If your neighbour disapproves or does not respond within 14 days, then a dispute will arise.

4. Appoint a surveyor: If a dispute arises, you and your neighbour each need to appoint a surveyor. The two surveyors will then appoint a third surveyor to act as an impartial adjudicator in the dispute.

5. Agree on a party wall award: The surveyors will prepare a party wall award, which is a legal document that sets out the rights and obligations of both parties. This award will specify the details of the proposed building work, the arrangements for protecting the neighbouring property, and any other relevant matters.

It is important to note that failure to comply with the Party Wall Act can result in legal action, which could delay your building work and result in additional costs. Therefore, it is important to follow the steps outlined above to ensure that you comply with the Act and maintain good relations with your neighbours (because there's nothing worse than an unfriendly neighbour!)
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What should I do if my neighbours disagree with my building works?

If your neighbour disagrees with the proposed building works for no apparent reason, it can understandably be very frustrating and challenging. However, under the Party Wall Act, they do have the right to dissent to the works.

If this happens, and you want to continue with your proposed building works, you will need to follow the procedures set out in the Act to resolve the dispute.

Here are the steps you can take if your neighbour disagrees with your proposed building works:

1. Try to talk to your neighbour: The first step is to try and understand and curve their concerns. If you can address their concerns or find a compromise, it may be possible to avoid a dispute. Try and give them as much information as possible about the process and proposed works, and keep them in-the-loop.

2. Appoint a party wall surveyor: If you are unable to reach an agreement with your neighbour, you can appoint a party wall surveyor to help resolve the dispute. The surveyor will act impartially and will consider the interests of both parties. They will prepare a party wall award, which sets out how the works will be carried out and any compensation that may be due.

3. Serve a counter-notice: If your neighbour serves a counter-notice dissenting to the works, you will have 14 days to respond. If you do not respond, you will be deemed to have dissented to their dissent. If you do respond, you will need to try and reach an agreement with your neighbour or appoint a party wall surveyor to help resolve the dispute.

4. Apply to the Court: If you are unable to reach an agreement with your neighbour or the party wall surveyors, you can apply to the County Court for a resolution. However, this can be a lengthy and expensive process, so it should be considered as a last resort.

It is worth noting that disagreements between neighbours can be avoided by following the procedures mentioned above and communicating effectively. If you are planning to carry out building works that may affect a party wall, it is recommended to speak to your neighbours and a party wall surveyor really early on in the process to ensure that everyone is aware of their rights and obligations.
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Where do I find a party wall surveyor?

You can find a party wall surveyor through a professional body such as the Faculty of Party Wall Surveyors or the Pyramus and Thisbe Club. It is important to choose a surveyor who has experience in party wall matters, and is familiar with the procedures set out in the Party Wall Act.

* Please note that The Hive Members Club is not a legal expert and although we can provide guidance and support, we cannot provide you with legal advice. Seek legal advice from a qualified professional before performing building works on a party wall.
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