The Party Wall Act: What's THAT About
Firstly, without boring https://thehearup.com/things-to-consider-before-installing-skylights-in-your-home/34988/ with the detail, i want to offer you a brief background. The Party Wall Act (The Act) as we know it today was effectively born from the London Building Acts (LBA). As you'll appreciate London includes a large number of properties which are constructed in close proximity to one another, and neighbourly disputes were slowing down the construction process. The LBA introduced measures to create it easier for developers and home owners to handle work along boundary lines and decrease the level of disputes by aiming specific obligations on both parties. The LBA was used successfully in London for many years until finally in 1996 it had been decided to revamp the act and roll it out nationwide by means of The Party Wall Act 1996.
The Act is wide ranging and comes into play more than you'll think. But you are not alone unless you know much about it. Many builders I know either don't know about it, or worse ignore it. Professionals aren't immune either.

You're probably thinking about this short article because you're about to perform a construction project, or possibly your neighbour is. It can be a little extension or loft conversion, or something on a larger scale. The act doesn't consider size it only works on principal. The initial aspect is needless to say to determine if the act is applicable to begin with. If you are in any doubt it is usually advisable to seek expert advice and in most cases the position isn't black and white. In crude terms however, a celebration wall is a structure shared by two neighbours and this would include boundary walls or fences along with the walls to a building. Perhaps in this regard the title of the act is really a little misleading and more than this, it could also be applicable if you propose to construct a wall or building on land where no wall or physical boundary currently exists.
In today's environment where most properties are in close proximity one to the other it is usually the case that the act will become applicable during any construction project that involves digging foundations close to a boundary line. It may also be applicable for loft conversions or building refurbishments where in fact the party wall isn't being altered, but support is necessary from the wall for steel supports or suspended timber floors or ceilings etc. In tandem, it may enter into play for work that you would feel is minor, such as for example cutting into a wall to insert a weatherproof detail or flashing.
As you will have deduced the act is far ranging and is more often than not applicable when you perform construction work close to neighbouring buildings / land. My advice would be to consult with a surveyor who has party wall experience for anyone who is unsure. Most surveyors would be willing to give some free advice on the phone and if the project is local to them, you will often find that they will provide you with a free visit to assess your unique project in the hope that, if the act is applicable you'll appoint them to attempt the role for you. Certainly in my own professional experience as a chartered building surveyor I give free advice on a normal basis in the hope that it'll result in an instruction. There are surveyors who will charge regardless but the key, as always is to agree a scope of service and any fee in advance to avoid confusion. Then you know predicament.
When you have deduced that the wall / structure is really a party wall you must determine whether the act does apply to the task being carried out. The Act is approximately 15 pages long and put into 22 sections with various sub-sections. It is not therefore an extended document and many of the sections include interpretations and explanation which means that the most relevant sections are a lot more condensed. There is however two main sections which apply most commonly and the house owner would be advised to be aware of;
Section 2: Repair etc: of party wall: rights of owner - This section sets out the rights of the owners of a party wall subject to serving the correct notice. Such rights numbered from 2 (2) (a) - (2) (n) include such works as; "to create good, repair, or demolish and rebuild, a party structure or party fence wall" and also "to cut into a party structure for just about any purpose (which may be or include the reason for inserting a damp proof course). The entire list is defined out in the act and covers most work, other than very superficial, that could possibly be carried out to a wall. Under most circumstances where any work has been carried out right to a shared wall, it could be expected that the act should come into play, although you can find exceptions and you would be advised to take advice.
The second section that is apt to be most applicable is Section 6: Adjacent excavation and construction. Once again the technicalities are lay out in the act but can be bewildering. Essentially however, if you propose to excavate within 6 metres of an adjoining party wall / structure (remembering a party wall could also be a garden wall or fence) the act may be applicable, if certain criteria associated with depth of excavation in relation to any party walls are achieved. For anyone who is excavating within 3 metres the act is probably applicable.
After you have determined that; a) the wall is really a party wall and b) based on the scope of work or proximity of excavation the terms of the act are applicable, it will be essential to follow the procedures set down within the act so that you can protect your position.
The first procedure would be to serve notice on the adjoining owner to see them of the work being carried out. There is no requirement to appoint a surveyor to serve these notices for you and sample templates are available online to download from various sources if you need to do-it-yourself. But should you choose propose to serve notice yourself, be mindful of the fact that as with all things where you may not have sufficient knowledge, the repercussions of getting it wrong might have legal ramifications. On this basis it is normally advised that you seek professional assistance. The notices, when served changes depending upon whether the work falls under section 2, section 6 or both (there are other sections but as these are less commonly applicable I have not included commentary in this article), as too could be the length of time applicable between the notice being served and work commencing. The notice under section 2 will provide two months notice and the notice under section 6 will provide one month following which work can commence given that everything is to be able in terms of the act. Once more there are many ramifications associated with adjoining owner dissent, non response to notices or sheer bloody mindedness but I'll leave these for another day, or for your party wall surveyor to help you upon. Or you may find that the adjoining owner just consents to the task in which case you can start earlier by mutual consent!
Even though the adjoining owner does consent then I would advise that a schedule of condition prepare yourself on the wall to make sure that you've got a record of any cracks or defects before you begin work. You would be amazed at just how many times a neighbour spots cracks after work has been carried out, which were actually there before!
If however the adjoining owner dissents to the task and appoints their own surveyor, because they are entitled to do under the act, then you will also need a party wall award to document agreed standards and incorporate the schedule of condition. Under these circumstances, unless you really know very well what you are doing you need to get help. It's worth noting however, that if your neighbour does appoint a surveyor then as building owner you are likely to be responsible for their fees.
The Act is really a fully established act of parliament and therefore is law. Ignoring the Act is common place (often through lack of awareness) but technically the perpetrator is then breaking regulations. I could go into detail concerning the implications of deliberately failing woefully to serve notice but if you are a building owner reading this article you then are clearly already aware of the act and concerned that the process is correctly followed. When you are on the other side, where a neighbour has not served notice you, there is recourse but you should seek expert advice. It is also worth noting that ignorance is not any defence with regards to the law.
It is believed that the act is merely designed as a money spinner for professional consultants but this couldn't be further from the reality. Yes there is a business built around the act and professionals do charge for his or her services, but there is enough competition to ensure fees remain reasonable. It is actually an enabling act that means that the positions of both parties are protected and much more importantly, means that neighbours cannot stop development or repair without sufficient reason. In this regard the act can often save fees where there is once a prospect of litigation and dispute.
Despite this, it's quite common for projects to be undertaken satisfactorily without serving notice but this can be a risky proposition as shown by the case of Louis v Sadiq 1996. The case revolved around a finish of terrace house in London and shows the implications of the act on standard houses and thus general home owners, not only large scale developments. Mr Sadiq (building owner) completed building work without serving notice beneath the act. This work subsequently caused harm to the neighbouring property and he was forced to make good this damage by the court beneath the terms of the act. This is standard procedure and also if he previously served the correct notices he then would still have already been liable for this cost, but more importantly with what we are discussing, the courts awarded additional damages to Mr and Mrs Louis (adjoining owner) since it felt that Mr Sadiq's failure to see the act negated any benefits of defence that he might gain from the terms of the act and therefore special damages were allowed. In this instance the Louis's were awarded compensation to cover additional costs incurred by way of a failure to sell their residence because of the defects plus they were even awarded charges for rising construction costs regarding the their new house abroad. Had Mr Sadiq followed the right procedures and served the appropriate notices then these substantial additional costs wouldn't normally have been incurred. He would only have been liable for the cost of putting right the damage, not the additional costs. This example is by no means common place but does go to shown the potential implications of not following the correct procedures. What seems like a sensible saving on surveyor's fees could turn into a substantial cost for damages. You have already been warned!
This brief article is aimed at giving a layman's view of the act for information purposes instead of a full technical assessment. You need to seek expert advice if undertaking any work to, or in close proximity to neighbouring land or property. It should also be noted that the act does not have any bearing on any other legislation, like the requirement for planning permission or building regulation approval etc which are completely separate entities.