Party Wall Glossary

Party Wall etc. Act 1996

The Party Wall etc. Act 1996 (Party Wall Act 1996) is the primary legislation governing party wall matters in England and Wales. This Act provides a framework for preventing and resolving disputes between neighbours undertaking building work. It came into force on 1 July 1997 and establishes clear procedures under the Act for serving notices, appointing surveyors, and resolving disputes through legally binding Awards.

Covered by the Act and Works That Fall Under It

Works are considered covered by the Act when they fall within three categories: work to party structures, new walls on the boundary, or excavation within 3-6 meters of neighbouring buildings. Works that fall within these categories require proper notice procedures. Planning permission and party wall matters are separate processes; obtaining planning permission does not negate the need to comply with party wall legislation.

Key Parties and Definitions

Building Owner

The Building Owner is the property owner who intends to carry out the proposed work that affects a party wall or structure, or boundary of land. They serve the Party Wall Notice and typically bear the cost of surveyor appointments and Award preparation.

Adjoining Owner

The Adjoining Owner is the owner of the neighbouring property whose wall or structure, or boundary of land belonging to them will be affected by the proposed work. They receive notices served under the Act and must respond within 14 days. When the adjoining owner does not consent to the proposed work, surveyors must be appointed.

Occupier

An occupier is any person in possession of land or a building, including tenants and licensees. Notice must be served not only on owners but also on occupiers where they have rights that could be affected by the proposed work.

Neighbour

Your neighbour is any adjoining property owner whose property shares a party wall or boundary with yours. Properties most commonly affected include terraced or semi-detached houses where shared walls exist. Walls that separate terraced properties are the most typical examples covered by the Act.

Party Wall Surveyors

Appoint a Surveyor

When a dispute arises, both parties must appoint a surveyor within 10 days. Most party wall surveyors are chartered surveyors with specialist knowledge. You cannot act as your own party wall surveyor except in very limited circumstances.

Agreed Surveyor: A single surveyor agreed upon by both parties through written agreement Building Owner’s Surveyor: Appointed by the Building Owner
Adjoining Owner’s Surveyor: Appointed to protect the Adjoining Owner’s interests

Third Surveyor

An independent surveyor appointed by both surveyors to resolve disputes between them. The decision is binding upon the third surveyor’s appointment. When surveyors cannot agree, matters are referred upon the third surveyor for determination.

What is a Party Wall Award?

A Party Wall Award is a legal document prepared by appointed surveyors. The award is a legal document that sets out:

• Details of the proposed work
• Rights and responsibilities of both parties
• A record of the condition of the Adjoining Owner’s property
• Time and manner of executing works
• Security for expenses (if required)
• Cost apportionment

The party wall award is a legal document that is legally binding on both parties.

Accordance with the Award

All work must be carried out in accordance with the award. This means following specific conditions, timing, working methods, and access arrangements detailed in the legal document. Failure to work in accordance with the award can result in legal action and liability for damages.

Record of the Condition

A comprehensive record of the condition of the Adjoining Owner’s property before the proposed work begins, including photographs, measurements, and descriptions of existing defects. This baseline is essential for resolving damage claims.

Boundary Terms

Boundary Line and Boundary Between Two Properties

The boundary line is the precise legal demarcation showing the boundary between two properties as shown on title deeds. This determines ownership and is critical when building directly on the boundary. The boundary of land belonging to different owners is where party wall legislation applies.

Stands Astride the Boundary

When a wall or structure stands astride the boundary line between two properties, it is shared by two or more owners. Building a wall that stands astride the boundary requires a Line of Junction notice.

Section 6 of the Act

Section 6 deals with excavation near neighbouring buildings for proposed work:

Section 6(1): Covers excavation within 3 meters where going deeper than the neighbour’s foundations
Section 6(2): Covers excavation within 6 meters where a 45-degree line from the neighbour’s foundation would be cut

Notice must be served at least one month before excavation begins.

Section 8 of the Act

Section 8 addresses counter notices. When a Building Owner serves notice for party wall works, the Adjoining Owner can serve a counter notice requiring additional works for their benefit. Costs are typically shared according to the benefit each receives.

Glossary of Party Wall Terms

The language used in the party wall legislation follows formal legal terminology. Understanding the language used in the party wall context helps all parties navigate procedures correctly.

Security for Expenses: Financial deposit the Building Owner may provide to cover potential damage or surveyor fees

Compensation: Payment for loss or damage sustained by the Adjoining Owner as a result of the proposed work

Line of Junction: The boundary line between properties, whether or not a wall currently exists

Special Foundations: Foundations projecting beyond the general plane of the wall or structure

Access Rights: The Building Owner’s right to enter the Adjoining Owner’s property to execute works with reasonable notice

Resolve the Matter: The process of settling a dispute through surveyors who prepare a legally binding legal document

Written Agreement: Formal consent to the works provided by the Adjoining Owner, allowing work to proceed without a formal Award

Planning Permission and Party Wall Matters

Planning permission and party wall procedures are entirely separate processes. Obtaining planning permission from the local planning authority does not satisfy party wall requirements. Many projects require both approvals before commencing the proposed work.