Frequently-asked questions about party wall agreements

Annie Button has written an article that discusses the frequently-asked questions about party wall agreements.

Property owners wanting to make structural changes to their homes often cannot legally do so without their neighbour’s consent. This is the case with adjoining properties that share a wall or other structure along a shared boundary, such as terraced or semi-detached houses, and flats.

The Party Wall Act in a nutshell

The Party Wall etc. Act 1996 was introduced to provide a legal framework for preventing and resolving disputes between neighbours in relation to party walls. The purpose of the legislation is to protect the rights of owners on both sides, while enabling shared boundaries to be modified and built on in a way that is fair and reasonable to all concerned.

Three types of building work fall within the remit of the Act:

- Building along a property boundary
- Excavating within a specified distance of a shared structure
- Altering a party wall or structure

Party Wall Agreements are typically needed for building projects such as loft conversions, the insertion of damp proof courses or excavating foundations for building extensions. Minor, non-structural works on a party wall, e.g. electrics, plastering or drilling holes for shelving, do not fall under the requirements of the Act.

There is a strict legal process to be followed, as is explained by Scott Buchanan, a leading party wall expert: “The legislation requires the building owner to serve notice on any affected adjoining owner and obtain their consent before the works can commence. If consent is not given, the parties are deemed to be ‘in dispute’ under the Act, and surveyors must be appointed to draw up an agreement known as a Party Wall Award.”

What does the Party Wall Act mean in practice?

Party wall legislation is a complex area of law. This explanatory government booklet is a good starting point for information but there is understandably a lot of confusion among householders surrounding what is and isn’t permitted, how to ensure that the correct procedure is followed, and what it means for neighbourly relations before and during any building works that must be carried out within the Act.

With that in mind, we’ve put together some of the most commonly asked questions that the Building Owner preparing to carry out alterations, and Adjoining Owners who have (or should have been) served notice, will require support with.

Adjoining owner FAQs:

My neighbour has started a loft extension but hasn’t notified me of any work. What should I do?

If you live in a terraced or semi-detached house, your neighbour’s loft conversion will most likely involve structural changes to the shared wall, chimney or roof that could potentially damage your property. This can include steelwork to support the floor and dormer which will require cutting into the party wall to allow a steel beam and padstone to be set into it, creating a dormer on the boundary line, or increasing the height of the party wall to accommodate a specific dormer design. If your neighbour is carrying out any of these works without informing you as required under the Party Wall Act, they are breaking the law and you can apply to the County Court for an injunction to stop their illegal activity.

Does my neighbour (or their contractors) have a right of access via my property during their build?

This depends on whether the only reasonable way for the work to be carried out is via access through your property, or if there are other reasonable (though perhaps less convenient) ways to get to site. If the former is the case, then you are legally obliged to provide your neighbour, their contractors or surveyors with full access. For their part, your neighbour must give you ‘adequate notice’ of access being required, as per Section 8 of the Act. Standard practice is for 14 days’ notice to be given. This may be waived for urgent work requiring immediate attention, such as a burst pipe.

My neighbour’s building works are very noisy. Do I have to put up with this?

Ongoing disruption and noise from building works next door can be incredibly frustrating. Under party wall legislation, adjoining owners are expected to accept a ‘reasonable’ amount of disturbance during construction works, while the building owner has an obligation to ensure no unnecessary inconvenience is caused to their neighbours. The interpretation of what is necessary or reasonable can vary widely, often souring relations, which is why your party wall surveyor should have agreed acceptable working hours for the build to be included in the party wall award. If your neighbour has agreed to the terms but then proceeds to disregard them, you may be able to make a claim for compensation.

Building owner FAQs:

I served notice on my adjoining neighbour but they have not responded. When can I start the build?

There may be many reasons why you have not had a response from your adjoining neighbours. It can be the case that a disgruntled neighbour may simply ignore the notice, assuming that you won’t be able to proceed without their consent. This is, strictly speaking, not the case, although such an action (or rather non-action) will delay the start of your build. The formal process states that if an adjoining owner does not give their written consent within 14 days of having been served a party wall notice, the parties are deemed to be in dispute. The next step is to appoint a surveyor (or possibly one per party) who is tasked with negotiating a party wall ward and resolving the issue, enabling you to proceed with your build.

I am planning to build near, not on, the boundary line. Does this mean the Party Wall Act doesn’t apply?

No, you are making an incorrect assumption. If your proposed building project includes excavation works within close proximity to a party wall or other shared structure, you must comply with party wall legislation. This is to protect your neighbour’s property from a potential risk of subsidence as a possible consequence of your excavations. If the foundations of your building extension go beneath those of the neighbouring property and you are digging within 3 metres of the boundary (6 metres for deep foundations), you must serve your adjoining neighbour with a Notice of Adjacent Excavation, as per section 6 of the Party Wall Act.

Who is liable to pay for party wall surveyors and negotiate a party wall agreement?

The building owner is responsible for serving party wall notices in accordance with the legislation, and it may be advisable to appoint a specialist surveyor to help do this correctly. In the event that the adjoining neighbour does not consent, a party wall agreement must be drawn up and the building owner is liable for paying the appointed party wall surveyor’s fees. If more than one surveyor is required to negotiate the award, the building owner will be required to pay the fees of their personal surveyors, the adjoining owner’s surveyor and, in some cases, a third surveyor to help resolve the impasse. It’s important to put the potential costs into context. As one legal expert points out, “the PWA 1996 should not be seen as a costly burden on building owners, but as something that confers on them and their neighbour valuable rights, together with a streamlined and specialist dispute resolution process.”