Party Wall & Boundary Disputes
Planning construction or renovations? The Party Wall Act 1996 is here to help you avoid costly disputes with neighbours. The Act provides a clear legal framework to keep projects moving smoothly and relationships intact.
Avoid Costly Disputes: Master the Party Wall Act 1996
Planning construction near a shared wall or close to another building? The Party Wall Act 1996 is your legal safeguard. Enforced across England and Wales since 1 July 1997, this Act lays out a clear, fair process to prevent and resolve disputes related to party walls, boundary structures, and nearby excavations. It ensures your project moves forward smoothly—while respecting the rights of your neighbours and protecting your property from future complications.
What Is a Party Wall – And Why It Matters to Your Project
A party wall is any wall that’s shared by two or more property owners—like the wall between you and your neighbour. If you’re planning construction that affects this shared structure, even if your work stays on your side, you’re legally required to notify all Adjoining Owners under the Party Wall Act.
The Act gives you the legal right to build near boundaries, make structural changes, or even access neighbouring land—without risking claims of trespass or nuisance—as long as you follow its procedures. It’s not just about compliance; it’s about keeping your project on track while maintaining good neighbourly relations.
Know Your Rights: What Every Adjoining Owner Should Expect
If your neighbour is planning construction under the Party Wall Act, you’re not just a bystander—you have a voice. As an Adjoining Owner, you can agree to the proposed works, request modifications, or negotiate the timing and method of the construction to better suit your needs.
This right applies in key situations, including:
- Building a new party wall or fence wall (Section 1)
- Altering or working on an existing party wall without written consent (Section 2)
- Excavating near your property foundations (Section 6)
What You Get with Our Expert Party Wall Services
- Assess if the Party Wall Act’s applies to your proposed works.
- Act as a surveyor for the Building Owner, Adjoining Owner, or as an agreed surveyor.
- Serve and respond to notices as required by the Act.
- Conducting detailed condition surveys of the Adjoining Owner’s property.
- Coordinate consultants for technical reports (e.g., structural designs, drainage CCTV, chimney flue surveys).
- Negotiating and finalising the Award in a timely manner.
- Performing a final inspection to record any damage.
Frequently Asked Questions
What is a Party Wall Agreement, and when is it needed?
A Party Wall Agreement is a legal document required when a property owner intends to:
• Build on or near a shared boundary wall (e.g., a semi-detached or terraced house).
• Carry out excavation work near a neighbour’s foundation.
• Modify a shared structure (e.g., raising a wall, inserting steel beams).
• It is required under the Party Wall etc. Act 1996 in England and Wales.
What happens if I don’t get a Party Wall Agreement?
If you start work without a Party Wall Agreement, your neighbour can:
• Serve a court injunction to stop the work.
• Claim compensation if their property is damaged.
• Take legal action, potentially delaying the project and increasing costs.
• To avoid disputes, it’s best to serve a Party Wall Notice at least two months before work starts.
How do I serve a Party Wall Notice?
You must provide written notice to affected neighbours, detailing:
• The proposed work and expected timeline.
• How the work may affect the shared wall or boundary.
• A response deadline (usually 14 days).
• If they agree, you can proceed. If they disagree or don’t respond, a Party Wall Surveyor must be appointed to resolve the matter.
What if my neighbour refuses to agree to the Party Wall Notice?
If a neighbour disputes the notice, both parties must appoint a Party Wall Surveyor (or a joint surveyor) to assess the work and ensure it does not cause unnecessary damage or inconvenience. The surveyor will then issue a Party Wall Award, outlining how the work should proceed.
Who pays for the Party Wall Surveyor?
Usually, the property owner carrying out the work pays the surveyor’s fees for both parties. However, if a dispute arises and extra reports or legal involvement is needed, costs may be split or negotiated.
What is the difference between a Party Wall and a Boundary Wall?
• A Party Wall is a shared structure between two properties (e.g., a dividing wall in a semi-detached house).
• A Boundary Wall is a wall wholly on one property’s land but marks the boundary (e.g., a garden wall).
• Party Walls are subject to the Party Wall Act, whereas boundary disputes are handled under property and land laws.
How can I resolve a boundary dispute with my neighbour?
If there is disagreement over a property boundary, steps to resolve it include:
1. Checking title deeds & Land Registry plans for legal boundaries.
2. Speaking with the neighbour to reach an informal agreement.
3. Hiring a boundary surveyor to provide an expert opinion.
4. Using mediation before considering legal action.
5. Going to court as a last resort if an agreement cannot be reached.
Can my neighbour build on the boundary without my permission?
• If the wall is a shared Party Wall, they must follow the Party Wall Act process.
• If the wall is entirely on their land, they may build on it but must not cause damage to your property.
• If they plan to build across the boundary, they need your consent.
If they proceed without permission, you may be able to seek legal action or an injunction.