The Party Wall etc. Act 1996

The Party Wall etc. Act 1996 governs building work that affects a shared wall, a boundary, or a neighbour’s foundations in England and Wales. Below is a section-by-section summary in everyday language. It is a guide only — the statute itself is the authority.

Section 1 — New walls at the boundary

Covers building a new wall on, or up to, the line of junction where there is not yet a wall. You must notify the adjoining owner. With consent, a wall may be built astride the boundary; without it, you build wholly on your own land but may still have certain rights of access and footing projection, subject to compensation.

Section 2 — Rights over existing party walls

Sets out the works a building owner may carry out to an existing party wall or structure — including repairing, raising, underpinning, thickening, cutting into to insert beams or a damp-proof course, and removing chimney breasts or projections. These rights come with duties to make good and to compensate for resulting loss or inconvenience.

Sections 3 & 4 — Party structure notices and counter-notices

A party structure notice (section 3) must describe the proposed work and is generally served at least two months before work begins. The adjoining owner may serve a counter-notice (section 4) requesting additional works for their own convenience, which the building owner must accommodate where reasonable.

Section 5 — Disputes on sections 3 and 4

If the adjoining owner does not consent within 14 days of a party structure notice, a dispute is deemed to have arisen — triggering the dispute-resolution machinery in section 10.

Section 6 — Adjacent excavation

Applies when excavating within 3 metres of a neighbouring structure and to a lower depth than its foundations, or within 6 metres where the excavation cuts a line drawn down at 45° from the base of those foundations. Notice must be served, with plans and sections, and you must state whether you propose to strengthen or safeguard the adjoining foundations.

Section 7 — Compensation and avoiding inconvenience

The building owner must not cause unnecessary inconvenience and must compensate the adjoining owner for any loss or damage caused by the works. Special foundations may not be placed on adjoining land without written consent.

Section 8 — Rights of entry

Gives the building owner, with their workers and surveyors, the right to enter the adjoining land to carry out the works, on notice (usually 14 days, or immediately in an emergency). It is an offence for an adjoining owner to refuse lawful entry.

Section 9 — Easements

The Act does not override or authorise interference with easements — such as rights of light or rights of support. Those rights are protected separately and are unaffected by a party wall award.

Section 10 — Resolution of disputes

The heart of the Act. Where a dispute arises, the parties either appoint a single agreed surveyor or one surveyor each (who together select a third surveyor). Surveyors act impartially to settle matters by a binding award, determining the right to do the work, the manner and timing, and the costs. Key provisions include the appointment of a surveyor on a party’s behalf where they fail to act (section 10(4)), and referral to the third surveyor. An award may be appealed to the county court within 14 days.

Section 11 — Expenses

Sets out who pays for the works. As a rule the building owner bears the cost, except where work is needed because of defect or want of repair, or where the adjoining owner also benefits — in which case costs are shared in proportion to use and responsibility.

Sections 12–15 — Security, accounts, payment and service

Section 12 allows either owner to require security for expenses. Sections 13–14 deal with accounting for and paying the cost of works. Section 15 sets out how notices and documents must be served — in person, by post, or, in defined circumstances, by other agreed means.

Section 20 — Interpretation

Defines the key terms, including party wall, party fence wall, party structure, building owner, adjoining owner, special foundations and surveyor. These definitions decide whether and how the Act applies to a given situation.