Party wall agreements - What you need to know

A party wall is a wall that sits directly on the boundary of land between two or more different owners. This can include the walls that separate terraced or semi-detached houses —?or walls that make up the boundary between two gardens. Party walls stand on the land of 2 or more owners and either:

• form part of a building
• don’t form part of a building, such as a garden wall (not wooden fences)
• Walls on one owner’s land used by other owners (2 or more) to separate their buildings are also party walls.

You can also have a ‘party structure’. This could be a floor or other structure that separates buildings or parts of buildings with different owners, e.g. flats.

The Party Wall Act

The Party Wall Act 1996 applies to houses in England and Wales and was devised to prevent building work that could compromise the structural integrity of any shared wall (party wall) or adjoining properties. The Party Wall Act can be used to stop disputes between neighbours and to help resolve them if they should arise and provides a framework for preventing or resolving disputes in relation to party walls, party structures, boundary walls and excavations near neighbouring buildings.

If you live in a semi-detached house, flat or terraced property, it’s likely you share a wall with a neighbouring building and will need an agreement regarding the Party Wall before you start work. This does not just apply to big builds but also includes works such as loft conversions, basements and extensions.

Do I need a party wall agreement??

A party wall agreement is needed if you plan on carrying out any building work near or on a party wall. You must tell your neighbours, provide them with a Party Wall Notice and come up with a Party Wall Agreement in writing and ensure a surveyor is in place to oversee any possible problems or damage. If you use a builder or an architect then they should be able to advise you on this, although they will not serve the notice for you.

The following works require you to obtain a Party Wall Agreement:

• Any work to shared walls (party walls) between semi-detached and terraced houses.
• Work involving shared ‘party structures’, such as floors between flats.
• Work to garden boundary walls.
• Excavation works – or underpinning – to, or close by (within 3-6m), the party wall.
• Loft conversions that mean cutting into a party wall.
• Inserting a damp proof course into a party wall.
• Making party walls thicker or higher.
• Building a second-storey extension above a shared wall.
• Building a new wall up to or off the party wall.
• build on or at the boundary of your 2 properties
• work on an existing party wall or party structure
• dig below and near to the foundation level of their property

It’s often helpful in understanding the principles of the Act if owners think of themselves as joint owners of the whole of a party wall rather than the sole owner of half or part of it. Some works may be too minor to need a notice under the Act, such as drilling into a party wall to fix plugs and screws for ordinary wall units or shelving, cutting into a party wall to add or replace recessed electric wiring and sockets and removing old plaster and replastering.

Party wall works timeline

A notice of intended works should be served on adjoining owners at least two months before the planned start date for work to an existing party wall or one month for a new party wall. The owner in the adjoining property may agree to allow works to start earlier but is not obliged to, even when an agreement on the works is reached.

NB, the notice is only valid for a year, so don’t serve it too long before you want to start.

Adjoining owners can agree with the building owner's proposals or reach an agreement with the building owner on changes in the way the works are to be carried out. This can cover things like safety or structural concerns, working times, right of access and replacement of surfaces and finishes.

Once you’ve given notice your neighbour can:

• give consent in writing
• refuse consent, which will start the?dispute resolution process
• serve a counter-notice requesting additional works be done at the same time (they’ll have to pay for these if they benefit from the works)

Your neighbour must let you know in writing within 14 days if they consent to your notice, and you must do the same with any counter-notice. A counter-notice must be served within a month of the first notice. Your neighbours need to respond to the notice, and one shouldn’t assume that no response means consent.

Who pays for the work?

You need to pay for any building works that you start on a party wall. Your neighbour may have to meet a share of the cost if the work needs to be done because of defects or lack of repair. They will also need to pay if they ask for additional work to be done that will benefit them.

Party wall disputes

Where a dispute arises in relation to a new party wall, party fence wall or where there is no written consent by the adjoining owner within fourteen days to a notice served in relation to an existing structure or an excavation, the Act provides for the matter to be resolved by a surveyor, or surveyors, in a procedure for the resolution of disputes. This can be both costly and time-consuming so it’s always best to have everything resolved well in advance of commencing work. This will often include talking to neighbours to ensure they understand what work is involved and provide reassurance around anything of concern to agree on a method of work.

Reach out to us at Ora Labora with any party wall advice you need.