The Party Wall etc. Act 1996 explained for London homeowners

What the Act covers

The Party Wall etc. Act 1996 applies in England and Wales. It covers three main types of work:

• Work to an existing party wall, such as cutting in to insert a steel beam, raising the wall or underpinning it.
• Building a new wall on or at the boundary line.
• Excavating near a neighbouring building, within 3 metres (or 6 metres, depending on the depth) of their structure, for example for extension foundations.

Notice periods

• Party structure notice (work to a party wall): at least two months before work starts.
• Line of junction notice (new wall at the boundary) and notice of adjacent excavation: at least one month.

Planning permission or building regulations approval does not replace the need to serve notice.

How a neighbour can respond

A neighbour (the "adjoining owner") can consent, or dissent. If they do not respond within 14 days, a dispute is treated as having arisen. In a dispute, either one "agreed surveyor" acts for both sides, or each owner appoints their own surveyor. The surveyors produce a party wall award setting out how and when the work will be done, usually with a schedule of the neighbour's property's condition beforehand.

Who pays?

The building owner normally pays the reasonable costs of the surveyors, including the neighbour's surveyor, and must make good any damage caused by the work.

Practical tips

• Talk to neighbours before notices land. A friendly conversation makes consent far more likely.
• Serve notices early so they don't delay your start date.
• A schedule of condition is worth having even when neighbours consent.

Source: GOV.UK: Party Wall etc. Act 1996 explanatory booklet. This is a summary, not legal advice.

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