The Party Wall etc. Act 1996 gives a building owner the right to carry out certain work to or near a neighbour's property, provided the right notice is served and the neighbour's property is protected. It does not replace planning or building regulations, and it applies whether or not planning permission is needed.
The three types of notice
| Type of work | Section | Minimum notice |
|---|---|---|
| Work to an existing party wall or party structure, such as inserting steel beams, cutting in flashings, raising or underpinning the wall | Section 2 | 2 months |
| Building a new wall on or at the line of junction (the boundary) | Section 1 | 1 month |
| Excavating within 3 m of a neighbour's building to a depth below their foundations, or within 6 m where the excavation would cut a 45-degree line down from their foundations | Section 6 | 1 month |
A loft conversion in a semi-detached or terraced house usually involves bearing new steel beams in the party wall, so a section 2 notice is needed. A rear extension often involves foundations close to the neighbour's, so a section 6 notice is common as well.
What happens after the notice is served
- The adjoining owner has 14 days to consent or dissent in writing.
- If they consent, work can go ahead once the notice period ends. A schedule of condition of their property is still sensible.
- If they dissent, or do not reply within 14 days, a dispute is deemed to have arisen. Either one surveyor is agreed by both owners, or each owner appoints their own and the two surveyors select a third if needed.
- The surveyors produce a party wall award setting out how and when the work will be done, records the condition of the neighbour's property, and decides who pays which costs. The building owner normally pays the reasonable costs.
- A notice lapses if the work does not start within 12 months.
Practical advice
Talk to your neighbours before the notice arrives, serve notices early so the notice period does not hold up the programme, and record the condition of their property with dated photographs. As a contractor, we programme party wall notice periods into our pre-construction plan and work to the award once it is made.