SO HOW EXACTLY DOES The Party Wall Act Affect Building Work

As a building owner, do you intend to:

Work on a preexisting wall, ceiling or floor structure distributed to another property
Build on or at the boundary with another property?
Excavate near a neighbouring building or structure?

If you are planning any of these works, you must learn if the work falls within the scope of the Party Wall etc. Act 1996. The Act was introduced by the Government in 1997, covering the whole of England and Wales to modify building works to adjoining properties. It is intended to enable work to proceed while protecting adjoining owners and occupiers who may be affected by the work. Beneath the Act, the building owner who wishes to conduct such work must definitely provide notification in sufficient time and in writing to adjoining owners of the proposed work. Adjoining owners can be owners or occupiers of adjacent residential, commercial and industrial land or buildings.

If you share a party wall, party structure or a party fence wall with another, you may well be governed by the provisions of the Act. Party walls are walls used by several owner, like the dividing wall between two houses. Floors between flats are party structures. Right of Light Consultants London can be party fence walls. Loft conversions, extensions, structural work on a party wall such as for example removing a chimney breast, excavation near another building or structure to a depth that exceeds that of the neighbour's foundations, or alteration to a masonry party garden wall are types of work governed by the Act.


If the Party Wall Act applies to the planned work, the building owner is obliged to serve notice on the adjoining owner/occupier. Upon written consent by the adjoining owner, the task can proceed. You should take a Schedule of Condition, that is a report of the existing condition of a building or structure, before work commences. If the adjoining owner disagrees with the proposed work, the Party Wall Act serves to resolve the dispute.

Resolving disputes

In the event of a dispute between owners, the Act provides procedures for appointing surveyors who is able to resolve issues through an award, specifying the format to carry out the task. An award allows the building owner the proper to conduct work beneath the Act, while ensuring the work is done in a fashion that protects the adjoining owners' interests. The surveyor may inspect the work during its progress to make sure all is being completed properly and fairly.

List of positive actions

Before commencing any building work, determine if the Party Wall Act applies. Failure to comply with the Act you could end up the works being unlawful. If in down consult a qualified party wall surveyor who is ideally a member of the Faculty (FPWS), as they could have been trained to advise on party wall matters and so are bound by the Faculty's Code of Conduct.

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Pub: 10 Apr 2024 02:17 UTC
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