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Your Rights Under the Party Wall Act 1996

By: Jeff Durham - Updated: 12 Jul 2023 | comments*Discuss
 
Party Wall Act 1996 Party Wall Act Party

The Party Wall Act 1996 relates to any work which you may want to carry out where an adjoining wall with a neighbour's property might be affected. It also provides the framework to facilitate a resolution to any dispute you might have with any neighbours over the proposed work.

Your Rights

You have the right to maintain and repair party walls but, if you need to alter the structure of the adjoining wall, you need to serve a party structure notice giving at least 2 months' notice of the proposed date of the commencement of the alterations work to the owners of any adjoining property or properties affected, and the full details of what you’re intending to do. Obviously, this isn’t necessary for minor work, such as drilling holes to fix screws or hammering nails in, but it is important if you are carrying out any of the work in the list below (though this isn’t exhaustive):

  • Building of an entirely new party wall, fence or structure
  • Lowering or raising the height of an existing party wall or changing its thickness
  • Repairing, demolishing or rebuilding an existing party wall
  • Cutting into a party wall for the purpose of installing any damp-proof coursing or flashing

The Act also covers different kinds of excavation work which could possibly affect the adjoining owner’s property, where any work you intend to carry out is within 3 metres of an adjoining property, and where the work will go deeper than the foundations of the adjoining neighbour’s property.

It also covers excavations for construction foundations which lie within 6 metres of an adjoining property, where any work will involve cutting a downwards line at a 45 degree angle from the bottom of any neighbouring foundations. To carry out any excavation work, you must serve a party structure notice at least 1 month before the planned commencement of the work.

How to Respond to a Party Structure Notice

Whether you’re serving or receiving a Party Structure Notice, it must be responded to within 14 days and should contain one of the following:

  • Yes, the work is agreed to unconditionally
  • Yes, the work is agreed to but with conditions attached. In this instance, it is then necessary to serve a ‘counter-notice’ which must be done within 14 days of the original notice being served

If a Dispute Arises

Under the Act, a ‘dispute’ is said to have arisen if either the original notice has not been responded to within 14 days, or a ‘counter-notice’ has been served in response and that hasn’t been responded to within 14 days.

If there is a Dispute Over Building Works, you should try to resolve it by speaking with the neighbour(s) involved as it stops you from incurring additional costs. However, if a resolution cannot be reached, it’s up to those involved to either appoint an ‘agreed surveyor’ who will attempt to draw up a resolution which is acceptable to both parties.

This will have to be paid for and costs can escalate further if both parties decide to appoint their own surveyor. If an agreement still cannot be reached, a third surveyor might then be nominated to adjudicate, adding even more expense. Therefore, it’s always better if an agreement can be reached by the neighbours concerned to avoid additional costs on both sides.

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Our neighbour has received planning permission to build a large extension and garage hard on the boundary, though his plans for a new garage cross over the current boundary. This was not picked up by the planning department in granting his application to which both we and the Parish Council objected. We plan to dissent to the party wall agreement, putting us in dispute, which will require a party wall surveyor who I hope will pick up on this. though despite my objection does the party wall surveyor have the power to allow my neighbour to come on to my land to build his extension including erecting scaffolding? as this is a new structure to which we have strongly objected, isn’t this trespassing?
noodles - 12-Jul-23 @ 11:49 AM
Hi, we purchased house 12 months ago and applied for ground floor single story side extension and loft extension up to party wall, and adjoining neighbour hired a surveyor and there were no objections. We completed the works and he's surveyor send over calculations and is asking excessive payment (3x times as much as other estimates we have received from other builders to carry out same works he is asking payment for).We have asked the neighbour for a copy of The Party walls he build to see if it has provisions for using that wall in the future, but he replied that is not relevant. We then found out from previous owner that the neighbour build that Party wall without permission some years ago. We are happy to pay our builders estimate but not 3x times what it would costs according to neighbour’s surveyor (excessive amount).
Minka - 19-Jun-23 @ 1:31 PM
Hi. We bought our house almost 24 years ago. The neighbour had an extension on the ground floor that was built 10" away from their boundary. The neighbour said that they didn't need the land and that we could lay some patio stones on the land. We have used this land as part of our patio since then with no objections from successive neighbours until the current owners who have also allowed this situation to continue for the 8 or so years that they have owned the property, decided last year to rebuild over the extension up to the boundary. They think that getting their builders to cut the patio stones at the boundary and move them along is all they need to do. We think that we could claim the land by adverse possession to stop the disruption to our patio. Another alternative is for us to get a new patio laid with them paying for the the work and us paying for everything else. They disagree. What rights dowe have?
Walm - 11-May-23 @ 2:31 PM
You say that the Party Wall Act 1996 relates to any work which you may want to carry out where an adjoining wall with a neighbour's property might be affected.That's not true.You need to decide if you are a 'building owner' as defined by the Act, and that, in effect, is defined as anyone who wants to exercise rights given by the Act.So, if you prefer simply to exercise your common law rights, and not bother with Party Wall Surveyors, you are not a 'building owner', you don't serve a Notice, and your common law rights continue.This was one of the discoveries from the recent Shah v Kyson and Power cases, where the Court of Appeal upheld the decisions of the County Court and the High Court only this month (March 2023).The judgements of HHJ Eyre and Lord Justice Lewison are particularly interesting.I reckon much less work for party wall surveyors in the future.
Graham - 28-Mar-23 @ 9:23 PM
My neighbour thinks the wall,between our driveways is in his boundary. The wall and metal tailing has been there for aeoubdc40 years. There is no obstruction to either drive or garage..he recently got gidms driveway monoblocked and as a result of this not being a good job he has Came out with this. Where do we stand
Gill - 19-Mar-23 @ 1:02 PM
My neighbour have built a new garage using my rear party wall and raised the hight by almost two meters depriving me of air and my only source of light causing serious cracks to this wall without serving a party wall notice , I can't afford legal action against them , what can I do
Titi - 18-Mar-23 @ 8:08 AM
For years we've had problems on two shared walls in our downstairs bathroom. On both there are downstairs bathrooms with showers, and on one there is a 90cm area of wall that faces onto my neighbours garden. For years we have been told the mould and damp is likely to be condensation which we have battled to control. However because of recently discovering a leak through the plug in our shower which appeared to have rotted the interior of a stud wall. Once rebuilt and the area replastered we waited for it to dry, but it hasnt and three months on we've had damp proof company come amd do a survey. We discovered neighbour A has a guttering down pipe that expels water directly into the soil, the shared walls bricks are soaking and this area coresponds to the big patches of wet we can see in out barlthroom, we have been told all the damp will be because the water is being soaked up through the wall. The mortar between the bricks where the wall meets the neighbours extension had broken down. He has had that re pointed but refuses to have the gutter downpipe rerouted to a drain. He doesn't accept that this is causing our issues. I sent him the report and the quote for tanking and water proofing the wall. The other wall which adjoins this is my other neighboirs bathroom wall and we are not sure but believe they may have had a leak which was a contributing factor of the other issues in our bathroom. Again patches that after 3 months haven't dried out. But this neighbour has cut off the plumbing to the downstairs bathroom. But he isn't sure if it was leaking although suffering from mould akd damp in thier bathroom. So long story but where do I stand legally, the cost for tanking is in excess of £3,000. Can I expect neighbpurs to contribute on our shared wall?And what can I do to get them to remedy the cause of the wet patches, especially the neighbour funneling water into the spoil for the last 35plus years? We've got on with our neighbours for the 22 years we've lived here so really disappointed with reponse from them both. Thanks for any advice.
Fed up - 18-Feb-23 @ 1:35 AM
For years we've had problems on two shared walls in our downstairs bathroom. On both there are downstairs bathrooms with showers, and on one there is a 90cm area of wall that faces onto my neighbours garden. For years we have been told the mould and damp is likely to be condensation which we have battled to control. However because of recently discovering a leak through the plug in our shower which appeared to have rotted the interior of a stud wall. Once rebuilt and the area replastered we waited for it to dry, but it hasnt and three months on we've had damp proof company come amd do a survey. We discovered neighbour A has a guttering down pipe that expels water directly into the soil, the shared walls bricks are soaking and this area coresponds to the big patches of wet we can see in out barlthroom, we have been told all the damp will be because the water is being soaked up through the wall. The mortar between the bricks where the wall meets the neighbours extension had broken down. He has had that re pointed but refuses to have the gutter downpipe rerouted to a drain. He doesn't accept that this is causing our issues. I sent him the report and the quote for tanking and water proofing the wall. The other wall which adjoins this is my other neighboirs bathroom wall and we are not sure but believe they may have had a leak which was a contributing factor of the other issues in our bathroom. Again patches that after 3 months haven't dried out. But this neighbour has cut off the plumbing to the downstairs bathroom. But he isn't sure if it was leaking although suffering from mould akd damp in thier bathroom. So long story but where do I stand legally, the cost for tanking is in excess of £3,000. Can I expect neighbpurs to contribute on our shared wall?And what can I do to get them to remedy the cause of the wet patches, especially the neighbour funneling water into the spoil for the last 35plus years? We've got on with our neighbours for the 22 years we've lived here so really disappointed with reponse from them both. Thanks for any advice.
Fed up - 18-Feb-23 @ 1:34 AM
Hi, My neighbour has built a media centre on our party wall, I have checked with my partner and no paperwork was received regarding any agreement, 95% of the time we do not notice however, on occasions the noise and vibrations are excessive and be heard in our living room. We do not have a positive or negative relationship with them and have not had any dispute previously, would this be a party wall issue or a noise complaint? Both houses are shared ownership new builds.
Craig - 3-Dec-22 @ 6:06 PM
My neighbours have built a boundary wall on their property close to our boundary. It is constructed with concrete blocks and looks terrible on my side of the wall. They are going to render their side and have told me to do whatever I like with my side. Should they not finish the wall on my side? I have already spent a lot of money constructing a fence to block windows facing into my property following a large extension they built. Should they finish my side of the wall which is 2.4metres high and twenty five meters long
Philthefluter - 15-Sep-22 @ 8:49 PM
We purchased our house in 1998.It is semi detached and an ex council property. Next door is a council property.In 2007 the council installed a platform wheelchair lift against our internal walls.You can hear the lift clearly in two bedrooms and two living rooms.The council also changed the layout next door on he first floor, they made the main bedroom next door smaller and put a corridor that acts as an extension to the hall against our main bedroom wall.So basically we have a bedroom wall and the hall extension againstour bedroom wall, meaning we get a lot of noise from the hallway, running up the stairs etc Also, there is clearly a bedroom doornext doorthat is extremely closeto the party wall andwe can hear it being slammed a lot. Did we need a party wall agreement at the time? I now want to sell my property and I believe that this could hinder any chance of a sale, I have asked the council about this and it has now been over a year with no answer from them.All that I received at the time that the lift was being installed was ahandwritten note from our then neighbour telling me that we would have noise from building works that would take about two weeks.Should the council have changed the layout of the house against our party wall without a PW agreement? The lift does not bother us but obviously talking in the hall downstairs, people running up and down the stairs etc, especially in the early hours can be a nuisance,
Bens mum - 31-May-22 @ 4:39 PM
I have lived in my linked detached property for 22 years, ,my home is attached to my neighbours property via my garage and their lounge wall. 7 years ago my neighbours came round to tell me they were building a conservatory on the back of their lounge and would be using a party wall (my dining room wall along the boundary with their garden) as one side of their conservatory. I was told they were going to do this and they said they only needed to tell me out of courtesy but I couldn't do anything about it. I was uncertain about this at the time but I am a younger woman living alone and my neighbour is an older, ex professional, self righteous man, who I find quite intimidating. I am now considering selling my home because he keeps climbing onto my dining room roof to clean his conservatoryroof and says he doesn't need permission to maintain his property. He is also drilling into my wall to attach trellis and grow plants, again he says it is his right. I have since been told he should have served a Party wall notice to attach his conservatory to my dining room and I could have raised objections if I had any. Can I get an award retrospectively? Can his conservatory devalue my home because it has effectively changed it from a detached into a semi detached property?
AR67 - 25-Jul-21 @ 10:55 AM
Hi i built a smallextention just under 3 meters i wasnt aware of the party wall until after my builder had filled the foundation. I spoke to my neighbour he was also unaware of the party wall agreement which i didnt need in the end but needed one for the foundation which i was too late for now my extention has been complete for over 1 year should i be worried as my neighbours now have a problem but he has a similar extention and a conservatory on the boundaries we did leave a gap of 4inches
Sami - 25-Jun-21 @ 6:34 PM
My neighbour has built an exterior party wall without telling me. The wall was mostly built before she told me about it, I was not at the property at the time. No notice, warning, nothing. What can I do about it? Thanks.
Rozel - 11-Jun-21 @ 2:06 PM
Some development work has commenced at the front of our road, which runs alongside our garages. The work carried out has already caused considerable damages to garages. The demoliltion team is trying to avoid resolving the issues, therefore I am exploring other avenues to work along. The development intends to develop a retaining wall, that if constructed, may further increase the damage, but also prevent repair work as a result of the small cavity. Does the Party Wall Act cover retaining walls, and if so are there any guidelines where the cavity distance means its not covered? Any info would be a great help. Many thanks
Anom - 3-Jun-21 @ 3:52 PM
My neighbour extended both in length and height the existing party wall a few years ago to enable her to build a single storey extension to the terraced property.The additional section was then, after a number of months, painted but within 12months all the paint began to peel and crumble, the upper parts of which fall onto a clear flat roof of my property, and the lower parts peeling and dropping onto plant pots outside my door. Having politely asked her on several occasions of the past, now 2 plus years, when she might be getting the wall re-painted, she has still completely ignored my requests, and because all the damage is on my side of the party wall extension and is not in her vision, it gets ignored. I would just add that it is very frustrating because, whilst my nature is to always get on with neighbours, and have never had any problems in the 18 years I've lived in this house, this lady is the first to complain about the least little thing and has a very narsasistic personality, which makes it extremelydifficult to discuss anything with her.I am all for negotiation and believe if people communicate a solution can always be found, but I am at a loss in this case as to how to proceed, having found that polite requests do not work. I cant seem to find anything in the Party Wall Act to help me so any reply you can give would be much appreciated. Thank you.
Friendly - 2-Mar-21 @ 5:54 PM
I am an elderly tenant with various disability, and lived here over 21 years, and have enjoyed my sunloungeall these years by relaxing and cloning propagating and germinating plants in the sun lounge with my enjoyment and freedom, my right my freedom and disability.and elderly rights taken away by my neighbour who did extension beyond3 ft side ways and in height as well 3 ft above my sun longe in June 2020, my plants have died and my health is deterioratingmy hobby of doing plantshas been snatched,also I used to relax eon couch in sunlounge not becose it was my luxury but because I need the morning sun as I sufferbrittle bone dicease rumotoid artheritese , fibromayalgia and COPD I very much want to challenge this in court get this wall b demolished, a woman who built said she is doing for her son who is disabled has got ms and not only that she got 2 bedrooms at bottom and two at the top of the bungalow and she , now she wants a main door to be put next to my bedroom, I need help if some can help me on legal aid asI m not reach or another kind of funds
Dina - 29-Dec-20 @ 2:53 PM
Hi, I am on a semi detached house, recently got a new neighbour. They served a party wall notice for removing fire place. I already signed agreement as they promised. After the work, I can hear adults talk and kids noise into my bedroom. I believe after demolishing their chimney and fire place not maintained properly. Please advise how I can stop their noise issue. What are the legal rights I have. Any third party can investigate their work.
Rajesh - 16-Oct-20 @ 9:44 PM
My boundary wall needs repointing as I am now getting damp in my bedrooms on that wall. The boundary wall is immediately next to my neighbours driveway. I have tried to come up with an agreed solution but she is insisting on the 2 month party wall act agreement.Is this necessary?
Morrica - 19-Aug-20 @ 6:50 PM
We have a party wall which next doors tree has grown into. The company that owns the property want us to pay half of what it costs. Where do we stand as we think they should pay for it all seen as though there tree has caused the damage.
V - 15-Aug-20 @ 4:00 PM
I've noticed damp on my wall and have had a survey that shows the neighbours have a path above air bricks and my damp proof course..this is years old but water penetration has just shown up ..the neighbour refuses to do anything now my insurance won't renew my policym because of the wall what can i do
Beans - 18-Jul-20 @ 6:02 PM
My neighbours have removed the plasterboard from every party wall. I can now hear every word that they say in my living room and bedroom. Can anyone tell me if I have any legal rights to resolve this issue?
Greg - 13-Jul-20 @ 5:33 PM
We were linked detached and recentlyhad works to our property one being to make our property detached. The party wall remains as it was. Do we still part own that part wall as it in within our boundary .
Nelson - 12-Jun-20 @ 6:25 AM
8years ago we moved into our new home which had previously extended. Part of the extension was removal of a semi detached garage with our next day neighbours. Next door kept their garage and the set our side entrance walk way down that side. Their garage wall (on the outside/our land-walk way) has been left with about 4 bricked up posts along the wall which in turn make our walk way narrow in areas that we are unable to get ours bins or even a wheel burrow down. Would we be able to knock down/remove these posts without having to ask the neighbours?
Helen - 26-May-20 @ 11:06 AM
My neighbour has knocked the chimney down. It has cracked my wall. What rights do I have? Can anyone help me please
Sharif - 13-May-20 @ 9:40 PM
Hi my neighbour has build on a party wall I ask the builder not to as my neighbour never ask me he has build it higher and became very abusive towards me what are my rights in this matter please
Lee - 7-May-20 @ 10:14 PM
We live in end of terraced house and have a shared driveway with our neighbour, they are planning a large extension on the back of their house. We had a letter about 3rd party wall. My house has been underpinned will the digging affect where my house is underpinned.
MrsM - 23-Feb-20 @ 11:03 PM
My neighbour made an extension of his garage and damage part of our garage. Although he agreed to make repairing but it has been hanging for a long time. Thesurveyor agreed on both sides has been chasing him to repair many time. Our neighbour has put his property for sale now. What should I do now if he sold his house and disappear.
Brian - 22-Feb-20 @ 4:10 PM
In response to Willow - 15-Jan-20 @ 11:36 AM Quite simply if they are removing a chimney breast from a party wall then it is highly likely that it is notifiable under the PWA. There are a number of issues to consider when undertaking such structural works, as such you should try and speak to your neighbour and let them know you have concerns and request they cease works and serve you with a party wall notice. Try and find a local reputable party wall surveyor, initial advice and guidance is normally free.
tksurveyinggroup - 18-Feb-20 @ 10:58 AM
I live in a semi detached house and the neighbours frequently knock, re-build, knock down again their interior walls. At the moment they are, on the party wall side, knocking out and widening their chimney breast. They haven't served any notice. Is that a structural matter and should it include a structural engineer report? I am worried that this work could have consequences to the structure of my house. Someone please advise? Thank you
Willow - 15-Jan-20 @ 11:36 AM
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