What is the The Party Wall etc. Act 1996?

The UK Government passed a new Act called “The Party Wall etc. Act 1996” (The Act). The Act provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings. It is based on some tried and tested provisions of the London Building Acts, which applied in inner London from 1667 following the devastation caused by The Great Fire of London in 1666.

Anyone intending to carry out work anywhere in England & Wales of the kinds described in the Act must give all adjoining land owners and long term adjoining tenant’s written notice of their intentions.

Whilst it is permissible for building owners to prepare and serve their own notices, because the Act is complex and often difficult to interpret, notices prepared by lay persons are often proven to be invalid, resulting in disputes and difficulties later on.

The Act is not intended to enable neighbours to be empowered to prevent proposed building work, except where you wish to build on their land. On the contrary, The Act is intended to empower building owners to be able to undertake various building works whilst setting out a framework to protect the interests of adjoining land owners who may be affected by those works.

What does the Act do?

The Act came into force on 1 July 1997 and applies throughout England and Wales. It provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings. It is based on some tried and tested provisions of the London Building Acts, which applied in inner London for many decades before the Act came into force.

Anyone intending to carry out work (anywhere in England and Wales) of the kinds described in the Act must give Adjoining Owners notice of their intentions.
Where the intended work is to an existing party wall (section 2 of the Act) a notice must be given even where the work will not extend beyond the centre line of a party wall.

Adjoining Owners can agree with the Building Owner’s proposals or reach agreement with the Building Owner on changes in the way the works are to be carried out, and in their timing. Where there is no written consent or agreement, the Act provides for the resolution of ‘disputes’

What does the Act cover?

Various work that is going to be carried out directly to an existing party wall or structure
New building at or astride the boundary line between properties
Excavation within 3 or 6 metres of a neighbouring building(s) or structure(s), depending on the depth of the excavation or proposed foundations.

What is a party wall?

The Act recognises two main types of party wall.

Party wall type (a)

A wall is a “party wall” if it stands astride the boundary of land belonging to two (or more) different owners.
Such a wall: is part of one building (see diagram 1), or separates two (or more) buildings (see diagram 2), or consists of a “party fence wall” (see diagram 3).

A wall is a “party fence wall” if it is not part of a building, and stands astride the boundary line between lands of different owners and therefore is used to separate those lands (for example a garden wall). This does not include such things as simple fences.

Party wall type (b)

A wall is also a “party wall” if it stands wholly on one owner’s land, but is used by two (or more) owners to separate their buildings (see diagram 4).
An example would be where one person has built the wall in the first place, and another has butted their building up against it without constructing their own wall. Only the part of the wall that does the separating is “party” – sections on either side or above are not “party”.
The Act also uses the expression “party structure”. This is a wider term, which could be a wall or floor partition or other structure separating buildings or parts of buildings approached by separate staircases or entrances (for example flats) – see diagram 5.