The Party Wall etc. Act 1996 is often the most confusing part of a renovation for homeowners. Ignoring it can lead to legal injunctions and costly delays. This guide demystifies the process, costs, and timeline.
What is the Party Wall Act?
The Act provides a framework for preventing and resolving disputes in relation to party walls, boundary walls, and excavations near neighboring buildings. A “Party Wall” is a wall that stands on the lands of two (or more) owners and forms part of a building.
When Do You Need to Serve Notice?
You must inform your neighbors (serve notice) if you plan to:
- Work on an existing wall: Cutting into a party wall to insert beams (e.g., for a loft conversion), making it taller, or removing chimney breasts.
- Build on the line of junction: Building a new wall astride or up to the boundary line (e.g., for a side return extension).
- Excavate: Digging within 3 meters of a neighbor’s foundation (typical for extensions) to a depth lower than their foundations. Or within 6 meters for deep basements.
The Step-by-Step Process
- Speak to your neighbors: Always chat informally first. Showing them plans over coffee can prevent dissent later.
- Serve Notice: You must serve a formal notice at least 2 months before work starts on walls, or 1 month for excavations.
- Wait for Response: Neighbors have 14 days to consent or respectfully dissent.
The Three Outcomes
- Consent: The neighbor agrees in writing. You can proceed. (This saves you fees!)
- Dissent – Agreed Surveyor: Dissent doesn’t mean “no building.” It means a formal award is needed. You both agree to use one “Agreed Surveyor” to draw it up. (Cost: ~£800-£1,200).
- Dissent – Two Surveyors: Each party appoints their own surveyor. You, as the building owner, pay for BOTH. (Cost: ~£1,800-£2,500).
Schedule of Condition
Regardless of whether they consent, it is vital to have a “Schedule of Condition” prepared. This is a photographic record of the neighbor’s property before work starts. It protects YOU from false claims of damage later.
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