If you're planning any building work that affects a shared wall with your neighbour, an understanding of the Party Wall etc. Act 1996 ("the PWA") is essential. This legislation is designed to prevent and resolve disputes between neighbours when building work is carried out on or near a shared boundary. It also protects the neighbour's property from damage and inconvenience which may result from the works and sets out who is liable to pay for any damage that is caused.
What is a "Party Wall"?
A party wall isn't just any wall separating two houses. Its legal definition is much broader, and covers things such as:
- Walls which stand on the boundary line between two properties.
- Walls which separate two buildings.
- 'Party fence walls' (i.e. walls that divide properties but do not form part of a building, like a garden wall).
- A wall which is wholly on one owner's land but used by both to separate their buildings.
You can also have party structures, which are other things that separate buildings or parts of buildings, such as floors between flats.
What does the PWA require?
The PWA provides that notice must be given in advance of carrying out certain works on or near a party wall, including:
- Building on or near the boundary of the properties: Including building a new party wall.
- Working on an existing party wall or structure: This could involve repairing, altering, or even demolishing and rebuilding a shared wall. Even reducing the height of a shared wall is included.
- Excavating near a neighbour's property: If you're planning excavations within three or six metres of your neighbour's building, and those excavations might affect their foundations, the PWA comes into play.
- Building special foundations: If your project requires special foundations that extend onto your neighbour's land, this is also covered by the PWA.
You do not need to give notice for minor works, such as plastering, adding a shelf or cabinets or adding or replacing electrical sockets.
What do you need to do?
If you're planning work covered by the PWA, you must notify your neighbour in writing. This notice should include:
- Your name and address.
- The address of the property where the work will be done.
- A detailed description of the proposed work.
- The date you plan to start.
The notice period varies depending on the type of work:
- Two months' notice for work on an existing party wall.
- One month's notice for building a new wall or excavating.
The Ministry of Housing, Communities and Local Government provides some useful templates for notices and letters available here: The Party Wall etc Act 1996: explanatory booklet – GOV.UK
What happens after you serve notice?
Your neighbour can:
- Give consent in writing.
- Refuse consent, which leads to a dispute.
- Do nothing, which after 14 days is also considered a dispute.
What happens if a dispute arises?
The PWA provides a process for resolving any dispute which may arise. This usually involves appointing a surveyor (or two, one for each side) to create a "Party Wall Award." This award is a legally binding document that outlines:
- The work to be carried out.
- How and when the work will be done.
- Who pays for the work and any associated costs.
- A record of the property's condition before the work begins.
You cannot act as your own surveyor – they will need to be independent and duly qualified. If you disagree with the Award, you can appeal it by filing an Appellant's Notice in the County Court within 14 days of the date of the Award.
What happens if your neighbour does not provide notice?
If your neighbour commences works covered under the PWA without serving the required notice, then in most cases this might be because they are unaware of the provisions of the Act. Therefore, a friendly word with them may remedy the situation, and get them to cease any works until they have complied with the Act.
If the neighbour does not cease the works (or if they are fully aware of the provisions of the Act but choosing to ignore it), then you can apply for an Injunction preventing any further works until they have complied.
Injunctions are complex and not granted lightly, and so if you find yourself in this situation, we strongly advise that you seek urgent legal advice.
In Conclusion
The PWA is crucial for anyone planning building work that affects a shared wall or boundary. By understanding and following the PWA procedures, you can minimise the risk of disputes with your neighbour and ensure that any work is carried out legally and fairly.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
