Frequently Asked Questions

Our Most FAQ's On Everything Party Wall!

General Questions

Yes, if any of the following conditions apply:

  • You are working on an existing shared structure or party wall (including chimneys).
  • You are building on or near a boundary line.
  • Alterations are planned for a party structure.
  • Excavation is within 3 meters of a neighboring structure, depending on the depth of the foundation.
  • You plan to construct further away but require deep excavation.

In these scenarios, compliance with the Party Wall Act 1996 is required. Consult a Chartered Surveyor experienced in Party Wall matters for guidance.

Surveyors review your neighbor’s plans, request adjustments if needed, and ensure structures are protected. Before work begins, they document the condition of affected areas. They draft a Party Wall Award—a formal agreement outlining authorized work and protocols if issues arise.

You can appeal the Party Wall Award to the County Court within 14 days of its issuance. Compensation is rare, but if your neighbor uses a party wall you constructed, they may need to contribute to its cost.

Your neighbor is breaking the law if they carry out work on a party wall, fence, or floor, or excavate without serving a notice. You can seek an injunction from the County Court to stop the work. Consult a lawyer for guidance, though the process is typically straightforward.

While specific forms are not mandatory, organizations like the Pyramus & Thisbe Club provide helpful templates. A valid notice must include:

  • The name and address of the building owner.
  • Details and plans of the proposed work (e.g., calculations and sections for reinforced concrete foundations).
  • The intended start date of the work.

Written notices are crucial to safeguard all parties. Adjoining owners can take legal action if work starts without their consent or if damages occur. A Party Wall Award and a condition schedule provide legal protections and clarify liability.

The Party Wall Act does not grant rights to halt construction. You can only object for planning permission reasons. The Act allows lawful work on or near party walls, subject to compliance with regulations.

The Party Wall Award outlines the steps for addressing damages. Your neighbor is responsible for repairs or compensating you to carry them out.

The Act permits access if necessary for approved work. However, this access is limited to what’s strictly required by the Act. Reasonable notice (typically 14 days) must be given, except in emergencies.

The building owner must:

  • Serve formal notices to adjoining owners at least one or two months before work begins, depending on the type of work.
  • Adhere to notice periods unless the local authority issues a Dangerous Structures Notification, in which case notice may not be required for mandatory safety work.

Additional work beyond what is mandated still requires proper notice.

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