Party wall matters

The Party Wall Act applies to most work carried out to party walls. If it applies, it means that you will have to serve notice of the proposed works on your neighbour(s). If they do not consent to the work, you'll have to appoint a surveyor to prepare a party wall award.  You can find a surveyor using the Royal Institution of Chartered Surveyors’ (RICs’) Find a Surveyor service. 

However, if works to the party wall are so minor, that service of notice under the Act is not necessary (eg straightforward repairs, such as replastering, or cutting into the party wall to add or replace recessed electric wiring and sockets) you can use a simple Party wall agreement to record the work to be undertaken.

The term 'party wall' includes the following:

• a wall that stands on the land of two (or more) owners and forms part of a building - this wall can be part of one building only or separate buildings belonging to different owners

• a wall that stands on the land of two owners but does not form part of a building, such as a garden wall (but not including timber fences)

• a wall that is on one person's land but is used by two (or more) owners of separate properties.

• Building a new wall or building on or at the boundary of two properties.

• Cutting into or carrying out work to a party wall or structure.

• Making a party wall taller, shorter or deeper.

• Removing chimney breasts from a party wall.

• Knocking down and rebuilding a party wall.

• Digging below the foundation level of a neighbour's property.

• Party structure notice, for alterations that directly affect the party wall and include common jobs, such as cutting holes to insert beams and pad stones, cutting in flashings and removing chimney breasts.

• Notice of adjacent excavation, for when you are excavating within 3 or 6 metres of your neighbour’s building.

• Line of junction notice, for the construction of a new wall adjacent to a boundary, or the construction of a new wall astride a boundary.

If your works are governed by the Party Wall Act, you’ll need to serve a party wall notice on every neighbouring property affected at least two months before the works begin. Once notice has been served, you can take up to a year to start work.

If you start work without having first correctly given notice, your neighbours may seek to stop your work through a court injunction or other legal redresses.

Once notice about intended work is served, your neighbour may either:

• give their consent in writing

• disagree with the works proposed in writing

• do nothing

If, after 14 days from the service of your notice, the person receiving the notice has done nothing, a dispute is regarded as having arisen. Any disputes will be dealt with by a surveyor.

Party wall agreements

You'll need a party wall agreement if you’re going to carry out construction or alterations which involve:

• work carried out on a wall

• floor or ceiling shared with another property

• building on the boundary with another property

• excavating within six meters of an adjoining building

• repairing a party wall or spouts, fall pipes, sewers, drains, wire conduits, flues, chimney stacks, eaves or troughs used in common with neighbours

Party wall awards

You’ll need a party wall award if you and your neighbour can’t agree on the work. A party wall award is prepared by an appointed surveyor. You and your neighbour can either:

• appoint a surveyor together, or

• each appoint your own surveyor

You cannot act as your own surveyor. If your neighbour refuses or fails to appoint a surveyor, you can appoint a surveyor on their behalf.

If you do not agree with the award, you can appeal at a county court within 14 days of receiving it. This will involve filing an appellant’s notice in a county court, explaining why you’re appealing.

For more information, see the government's guidance.