When the Party Wall etc. Act 1996 applies — three categories of work
The Act applies to work falling into three categories under ss.1, 2, and 6: work on an existing party structure; building on the line of junction; and excavation near adjoining structures. Landlords planning loft conversions, extensions, basement conversions, or HMO conversions should assume the Act applies until confirmed otherwise by a structural engineer or party wall surveyor.
- Section 1 — building on the line of junction: line of junction notice required; adjoining owner has 14 days to consent or dissent
- Section 2 — work on an existing party structure: party structure notice served at least 2 months before works begin
- Section 6 — excavation within 3m (to a depth below existing foundations) or 6m (intersecting 45-degree line from base of foundation): adjacent excavation notice served at least 1 month before works begin
- Works entirely within the building owner's own property not affecting the party wall or boundary do not trigger the Act
Serving party wall notices — content, timing, and response
Party wall notices must be served in writing on every owner of the adjoining land (including mortgagees in occupation and freeholders where the adjoining property is leasehold). Notice is served when received — not when posted.
- Party structure notice (s.2): building owner's name and address; description of works; proposed start date (no earlier than 2 months after service); statement the notice is served under the 1996 Act; plan if complex
- Adjacent excavation notice (s.6): building owner's name and address; description of excavation and depth; plan; proposed start date (no earlier than 1 month after service)
- Adjoining owner's response: 14 days to consent in writing; dissent in writing; or fail to respond (treated as dissent)
- Tenant in occupation of the adjoining property must also be notified under s.11(1)
Party wall awards — the surveyor process
Where the adjoining owner dissents or fails to respond, the parties must appoint party wall surveyors to agree a party wall award. The award sets out permitted works, conditions, a schedule of condition, and provisions for making good damage.
- Agreed surveyor (single surveyor) — both parties agree to appoint one impartial surveyor; typically £800-£1,500; fastest and cheapest option
- Two-surveyor procedure — each party appoints their own surveyor; the two surveyors appoint a third (agreed third surveyor) for disputes; building owner typically pays both fees; typically £2,000-£5,000+
- Schedule of condition — records pre-works state of adjoining owner's property; essential for any subsequent damage claim
- The award binds both parties and can be appealed to the County Court within 14 days of service
Costs and landlord obligations for tenant works
The building owner pays the party wall surveyors' fees and must make good any damage caused to the adjoining owner's property — in cash or by repair works. Where shared benefit arises (e.g. underpinning a shared foundation), costs may be split.
- Building owner pays both surveyors' fees in the two-surveyor procedure
- Building owner must make good damage to adjoining owner's property — the schedule of condition identifies what damage was caused
- Shared benefit works — costs split in proportion to benefit received
- Where a tenant proposes works that would affect a party wall, the landlord should ensure the tenant serves party wall notices before commencing — a tenant's failure may expose the landlord as building owner