Many homeowners assume that beginning construction or renovations involving a shared wall or boundary will be straightforward, but that’s not actually the case.

The Party Wall etc. Act 1996 sets out a number of legal requirements you’ll need to follow to ensure the project is fully above board and prevent disputes. Otherwise, you could find yourself in a complex legal situation with your neighbours.

We’ll explore what triggers the need for a Party Wall Agreement, the importance of properly notifying your neighbours, and how to follow that process properly to keep your construction compliant and neighbourly relations positive.

What Is A Party Wall Agreement?

A Party Wall Agreement, often called a "Party Wall Award", is a legally binding document that helps settle any disputes that may come up due to construction or changes involving walls or boundaries shared by two properties.

The Party Wall etc Act 1996 governs these agreements in England and Wales, and their purpose is to manage how adjoining owners can carry out construction-related activities that might affect each other's properties.

A "party wall" itself is a term used to describe a wall, partition, or boundary that separates buildings or pieces of land owned by different parties. These most commonly include:

• Walls on one property that straddle the boundary line between two or more properties (common in terraced or semi-detached houses).
• Walls that stand entirely on one property’s land but are used by two (or more) owners to separate their buildings.
• Floors and ceilings between flats or apartments (these are also considered party structures).

When Are Party Wall Agreements Legally Required?

Unlike many property agreements, Party Wall Agreements are required to be entered into by law in certain circumstances.

Essentially, a Party Wall Agreement is necessary whenever any construction or alteration work might affect the structural integrity or support provided by a shared wall or boundary.

Examples of these types of situations include:

• Cutting into a party wall (for instance to insert beams and lintels for extensions or loft conversions)
• Increasing the height or thickness of a party wall.
• Demolition and rebuilding of a party wall.
• Underpinning the whole thickness or a section of a party wall for purposes such as creating a basement.

Rights & Responsibilities for Property Owners

Under the Party Wall etc. Act 1996, if a property owner (called the Building Owner) wants to do work that affects a shared wall or boundary, they need to inform their neighbours (known as Adjoining Owners) before starting any work.

If the planned work involves changing a party wall or digging near neighbouring properties, the Building Owner must give at least two months' notice. This gives the Adjoining Owners enough time to think about how the work might affect them and to raise any concerns they may have.

For construction that is right on the boundary line, a shorter notice period of one month is needed, which still allows ample time for neighbours to look over and respond to the plans.

This notification needs to be made in a specific format, which is called a Party Wall Notice.

If there are any disagreements about the proposed work, the Building Owner and the Adjoining Owners should try to work together to find a solution. If they can't agree, a surveyor will need to be appointed to create a Party Wall Award.

This document formally resolves the disputes and outlines how the work will be carried out in a way that takes all parties’ interests into account.

How to Navigate the Process

Here’s an overview of the Party Wall Agreement process:

1. Notification: The process begins with the Building Owner serving a Party Wall Notice to adjoining property owners. As previously stated, the notice period is at least two months for work affecting a party wall or excavation, and one month for construction on the boundary line.
2. Acknowledgement: On receiving the notice, Adjoining Owners can agree or disagree with the work. If they disagree and a resolution cannot be reached, surveyors must be appointed to resolve the issue.
3. Appointment of Surveyor(s): If surveyors need to be appointed, either both parties can appoint one surveyor each, or they can appoint a single joint surveyor to assess and manage the proposed works.
4. Party Wall Award: The appointed surveyor(s) produce a Party Wall Award, which details the work procedures, access for surveyors, hours of construction, and measures to prevent damage.
5. Completion of Work: Once the Party Wall Award is in place, the Building Owner can commence work, provided they adhere to the conditions specified in the Award.

Potential Consequences of Non-Compliance

Failing to comply with the Party Wall Act can lead to the building owner being served an injunction to stop or remove the work.

The Adjoining Owner may also seek reparations for any damage caused or a reversal of the work involved, which can lead to expensive legal disputes and delays in construction.