Your Rights Under the Party Wall Act 1996

The Party Wall Act 1996 relates to any work which you may want to carry out where an adjoining wall 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 where you need or want 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 things like minor work such as drilling holes to fix screws or hammering nails in etc but pertains more to the following though the list below 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.

Firstly, if a dispute has arisen, 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, then 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 but this will obviously cost money.

The costs can escalate further if both parties decide to appoint their own surveyor and, in this instance, 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.