The Party Wall etc. Act 1996 is law within England & Wales that sets out a practical, step-by-step process for carrying out certain types of building work close to, on, or affecting a shared wall or boundary. Its main purpose is to reduce the risk of neighbour disputes by requiring formal notice, giving both owners clear rights and responsibilities, and providing a fair way to resolve disagreements if they arise.
In simple terms: if your project could impact a neighbour’s structure or land, the Act gives you a legal framework to follow before work starts.
What counts as a “party wall” (and related structures)?
A party wall is commonly understood as a wall that sits on the boundary between two properties and is used by both owners. The Act also covers a few related terms that often matter just as much:
- Party wall (typical houses): the separating wall between terraced and semi-detached homes.
- Party fence wall (garden boundaries): a freestanding wall on the boundary line (for example, a brick garden wall).
- Party structure (typical flats): shared structural elements that separate units, such as floors and ceilings between flats/maisonettes, and sometimes other shared structural parts.
- Shared features: items connected to shared walls/structures, such as certain chimney breasts, piers, or structural supports.
When does the Act apply?
The Act usually becomes relevant when work could affect a shared wall/structure or when digging and building near a neighbour might influence their foundations. Common examples include:
Work to an existing party wall or shared structure
- Cutting into a party wall to insert steel beams (often for extensions or loft conversions)
- Removing or altering chimney breasts attached to a party wall
- Raising, thickening, or otherwise changing a party wall
- Cutting chases for flashings or weatherproofing where the work relates to the shared wall
Building on or at the boundary
- Constructing a new wall up to the boundary line
- Building a wall astride the boundary (which typically requires the neighbour’s agreement)
Excavations close to a neighbouring property
- Digging foundations for an extension near the neighbour’s building
- Basement works, underpinning, or drainage excavations that could affect adjacent structures
(Not every project triggers the Act, but many extensions, loft conversions, and structural alterations do.)
Why the Act matters (for both sides)
Following the Act isn’t just “admin.” It’s a way to protect everyone involved.
For the building owner (the person doing the work)
- Helps keep the project compliant and reduces the chance of delays later
- Creates a formal record of what was agreed
- Clarifies access rights (when access is reasonably required)
- Provides a recognised route forward even if a neighbour is uncomfortable or unresponsive
For the adjoining owner (the neighbour)
- Ensures they receive proper notice and information about the proposed works
- Gives them the opportunity to ask questions, request safeguards, or dissent if needed
- Protects them if damage occurs, with an agreed process for making good
How the Party Wall process typically works
While each project is different, the process often follows the same broad stages:
- Identify whether the Act applies to your planned works.
- Serve the correct Party Wall Notice on affected neighbours with clear details of the proposed work.
- Neighbour responds (they may consent, dissent, or request changes).
- If there’s a dissent or no response, surveyor(s) may be appointed to agree a formal document often known as a Party Wall Award.
- A Schedule of Condition is frequently prepared to record the neighbour’s property condition before work starts.
- Works proceed with agreed safeguards and responsibilities in place.
- If anything is damaged, the Act provides a mechanism for repair or compensation.
Key advantages of handling it properly
- Clear communication early on (often the best way to avoid friction)
- A structured dispute-resolution route without jumping straight to solicitors/court
- Protection against misunderstandings by documenting the condition and scope of work
- Reduced risk of costly delays, stop-start disputes, or avoidable claims
- Maintains better neighbour relations during what can be a stressful time
Need help with a Party Wall Notice or Award?
If you’re planning building work and want to understand whether the Party Wall etc. Act 1996 applies—or you need support serving notice, appointing surveyors, or agreeing an Award—email mail@howorth.uk and include:
- Your property address
- A short description of the planned works (extension/loft/basement/structural changes, etc.)
- Any drawings you already have (if available)
- The neighbouring properties affected (if known)
- Your target start date
Contact: mail@howorth.uk