In many homes, especially those that are terraced or semi-detached, neighbours share a common wall, this is called a party wall. For flat dwellers, the term can also apply to shared ceilings or floors. It is important to be aware of what a party wall is and what the law says about it since misunderstandings can easily lead to tension or disputes.
We are here to guide you through the essentials of the Party Wall etc. Act 1996. This legislation outlines what you need to know and do before starting any work that could affect a neighbouring property.
Areas Impacted.
The law requires you to notify and obtain consent from your neighbour before conducting work that might affect a party wall or floor. Typical examples include adding extensions, inserting structural supports like beams, conducting damp-proofing, underpinning the wall, or taking it down entirely. These protections are in place to prevent disputes and damage to adjoining properties.
In multi-level properties with multiple owners such as converted houses divided into flats, party walls may also include shared ceilings and floors. These horizontal structures fall under the same legal protections as vertical party walls.
In addition to structural changes, activities like excavating near a shared wall or working on a garden wall that forms a boundary between two properties may also be covered by the Act. These walls often come with shared responsibilities, so it is important to proceed with care.
Exemptions and Exceptions.
If the work does not affect your neighbour’s side of the wall, it is usually not covered by the Act—but it is still polite to let them know ahead of time.
Tasks such as installing or rewiring electrical sockets, repainting, replastering, or mounting shelves and bookcases can be conducted without needing your neighbour’s consent. These types of works are considered non-intrusive and are not covered by the Party Wall etc. Act.
Timber garden fences that run along the boundary between two homes are not covered by the Party Wall Act. Still, before you grab a paintbrush or swap out old panels, it is a clever idea to check your house deeds and your neighbour’s too for any hints about ownership.
Look out for ‘T’ marks on your title deeds, if one faces your property, you are responsible for maintaining that boundary. If there is a ‘T’ on each side, forming an ‘H’, then both you and your neighbour share responsibility equally.
What You Should Do
You must give your neighbour two months’ notice before starting party wall work, or one month’s notice for excavation. This requires a formal Party Wall Notice that includes work details, any drawings, and space for your neighbour to reply.
If your property is rented or leasehold, do not forget to inform your landlord before you begin any work.
Engaging with your neighbours to explain the nature of the proposed works can facilitate their agreement, typically by the return of the Acknowledgement Notice. From a legal standpoint, once this notice is acknowledged, the obligations under the Act are satisfied.
In cases where the neighbour dissents to the notice, they may appoint a surveyor of their choice. The appointed surveyors will then collaborate to issue a Party Wall Award and compile a Schedule of Condition to record the state of the neighbour’s property prior to commencement.