Party Wall Act London: The Complete Guide for Homeowners

THE PARTY WALL ETC. ACT 1996 APPLIES THROUGHOUT ENGLAND AND WALES. IT CREATES A FRAMEWORK FOR PREVENTING AND RESOLVING DISPUTES BETWEEN NEIGHBOURING PROPERTY OWNERS WHERE PROPOSED BUILDING WORKS AFFECT SHARED WALLS, BOUNDARY STRUCTURES, OR FOUNDATIONS CLOSE TO A NEIGHBOUR'S PROPERTY. THE ACT DEFINES THREE TYPES OF NOTIFIABLE WORK UNDER THREE SEPARATE SECTIONS:

SECTION 1 — NEW WALLS ON THE LINE OF JUNCTION: IF YOU INTEND TO BUILD A NEW WALL ON THE BOUNDARY LINE BETWEEN YOUR PROPERTY AND YOUR NEIGHBOUR'S, OR WITHIN 3 METRES OF THE BOUNDARY, YOU MUST SERVE A SECTION 1 NOTICE. THIS COVERS GARDEN WALLS, BOUNDARY WALLS, AND WALLS FORMING PART OF A BUILDING THAT WILL SIT ON OR STRADDLE THE BOUNDARY. THE NOTICE MUST BE SERVED AT LEAST ONE MONTH BEFORE WORK IS DUE TO START.

SECTION 2 — WORKS TO AN EXISTING PARTY WALL OR PARTY STRUCTURE: THIS IS THE MOST COMMON SECTION FOR LONDON RENOVATIONS. SECTION 2 APPLIES WHEN YOU PROPOSE TO CARRY OUT WORK ON OR NEAR AN EXISTING PARTY WALL, PARTY FENCE WALL, OR PARTY FLOOR/CEILING. NOTIFIABLE WORKS INCLUDE CUTTING INTO A PARTY WALL TO INSERT A DAMP PROOF COURSE OR FLASHING; RAISING THE HEIGHT OF A PARTY WALL; UNDERPINNING OR CUTTING OFF ANY PROJECTION ON A PARTY WALL; EXPOSING A PARTY WALL BY REMOVING A CHIMNEY BREAST; MAKING A JUNCTION WITH A PARTY WALL; CUTTING INTO A PARTY STRUCTURE TO INSERT A STEEL BEAM; AND DEMOLISHING AND REBUILDING A PARTY WALL. THE NOTICE MUST BE SERVED AT LEAST TWO MONTHS BEFORE WORK STARTS.

SECTION 6 — EXCAVATION NEAR NEIGHBOURING BUILDINGS: IF YOU INTEND TO EXCAVATE WITHIN 3 METRES OF A NEIGHBOURING STRUCTURE AND THE EXCAVATION WILL GO DEEPER THAN THE NEIGHBOUR'S FOUNDATIONS, OR IF YOU INTEND TO EXCAVATE WITHIN 6 METRES OF A NEIGHBOURING STRUCTURE AND A LINE DRAWN DOWNWARD AT 45 DEGREES FROM THE BASE OF THE NEIGHBOUR'S FOUNDATIONS WOULD INTERSECT YOUR PROPOSED EXCAVATION, YOU MUST SERVE A SECTION 6 NOTICE. THIS IS CRITICAL FOR BASEMENT CONVERSIONS, DEEP EXTENSION STRIPS, AND EXCAVATIONS FOR DRAINS OR RAFT FOUNDATIONS. SECTION 6 NOTICES MUST BE SERVED AT LEAST ONE MONTH BEFORE WORK STARTS.

THE ACT USES SPECIFIC TERMINOLOGY. THE BUILDING OWNER IS THE PERSON PROPOSING TO CARRY OUT THE NOTIFIABLE WORKS — THIS IS YOU, THE HOMEOWNER UNDERTAKING THE RENOVATION. THE ADJOINING OWNER IS THE PERSON WHO OWNS THE NEIGHBOURING PROPERTY AFFECTED BY THE PROPOSED WORKS. THIS INCLUDES BOTH FREEHOLDERS AND LONG LEASEHOLDERS (WITH LEASES OF MORE THAN ONE YEAR REMAINING). IF THE NEIGHBOURING PROPERTY IS RENTED OUT, THE LANDLORD IS THE ADJOINING OWNER, NOT THE TENANT — THOUGH BOTH MAY NEED TO BE NOTIFIED AS ADJOINING OCCUPIERS IF THE TENANT HAS A LEASE OF MORE THAN ONE YEAR.

IN FLATS AND MAISONETTES, THE SITUATION BECOMES MORE COMPLEX. IF YOUR NEIGHBOUR HAS AN UPWARD FLAT ABOVE YOU AND YOU PROPOSE TO RAISE THE HEIGHT OF AN INTERNAL WALL THAT IS A PARTY STRUCTURE (A FLOOR/CEILING), BOTH THE OWNER OF THE FLAT ABOVE AND THE FREEHOLDER OF THE BUILDING MAY QUALIFY AS ADJOINING OWNERS. ALWAYS CHECK THE LAND REGISTRY TITLE REGISTER FOR THE NEIGHBOURING PROPERTY TO IDENTIFY ALL PARTIES WHO HOLD AN INTEREST.

IMPORTANT: THE ACT DOES NOT APPLY TO INTERNAL WORKS CARRIED OUT ENTIRELY WITHIN YOUR OWN PROPERTY THAT DO NOT AFFECT A PARTY WALL OR BOUNDARY STRUCTURE. REMOVING AN INTERNAL NON-LOAD-BEARING PARTITION WALL THAT IS NOT A PARTY WALL DOES NOT REQUIRE A PARTY WALL NOTICE. HOWEVER, IF THAT WALL CARRIES ANY LOAD FROM THE NEIGHBOURING STRUCTURE OR SITS ON A SHARED BOUNDARY, A STRUCTURAL ENGINEER AND PARTY WALL SURVEYOR SHOULD BOTH BE CONSULTED BEFORE WORK STARTS.

A PARTY WALL NOTICE MUST BE IN WRITING AND CONTAIN SPECIFIC INFORMATION: THE NAME AND ADDRESS OF THE BUILDING OWNER; THE NATURE AND PARTICULARS OF THE PROPOSED WORK; AND THE DATE ON WHICH WORK IS PROPOSED TO BEGIN. NOTICES DO NOT NEED TO BE SERVED BY A SOLICITOR OR SURVEYOR — THEY CAN BE HAND-DELIVERED, SENT BY RECORDED POST, OR DELIVERED TO THE LAST KNOWN ADDRESS OF THE ADJOINING OWNER. HOWEVER, FOR COMPLEX PROJECTS, HAVING A PROFESSIONAL PARTY WALL SURVEYOR DRAFT AND SERVE THE NOTICES IS STRONGLY RECOMMENDED.

MOST PARTY WALL SURVEYORS OFFER A NOTICE-ONLY SERVICE FOR STRAIGHTFORWARD CASES AT £75-£200 PER NOTICE. FOR A TYPICAL LONDON EXTENSION WITH TWO NEIGHBOURING PROPERTIES (LEFT AND RIGHT NEIGHBOURS), EXPECT TO SPEND £150-£400 ON NOTICES ALONE.

PRACTICAL TIPS FOR SERVING NOTICES:

INCLUDE PLANS: WHILE NOT STRICTLY REQUIRED BY THE ACT, ATTACHING ARCHITECTURAL DRAWINGS AND A BRIEF DESCRIPTION OF STRUCTURAL WORKS SIGNIFICANTLY REDUCES THE CHANCE OF A NEIGHBOUR DISSENTING UNNECESSARILY. NEIGHBOURS WHO UNDERSTAND WHAT IS BEING PROPOSED ARE FAR MORE LIKELY TO CONSENT.

SERVE EARLY: THE ACT SETS MINIMUM NOTICE PERIODS (1 OR 2 MONTHS), BUT SERVING 3-4 MONTHS BEFORE YOUR INTENDED START DATE GIVES TIME FOR THE NEIGHBOUR TO SEEK ADVICE AND CONSENT WITHOUT DELAYING YOUR PROJECT.

KEEP PROOF: ALWAYS RETAIN PROOF OF DELIVERY. A HAND-DELIVERED NOTICE SHOULD BE WITNESSED AND CONFIRMED IN WRITING. ROYAL MAIL RECORDED DELIVERY PROVIDES AN ACCEPTABLE AUDIT TRAIL.

SEPARATE NOTICES: EACH SECTION (1, 2, AND 6) REQUIRES A SEPARATE NOTICE. IF YOUR EXTENSION INVOLVES BOTH SECTION 2 WORKS (CUTTING INTO THE PARTY WALL FOR A STEEL BEAM) AND SECTION 6 WORKS (EXCAVATING STRIP FOUNDATIONS WITHIN 3 METRES OF NEXT DOOR'S FOUNDATIONS), YOU NEED BOTH NOTICES SERVED SEPARATELY.

ONCE A NOTICE HAS BEEN SERVED, THE ADJOINING OWNER HAS 14 DAYS TO RESPOND IN WRITING. THERE ARE THREE POSSIBLE RESPONSES:

1. CONSENT IN WRITING: THE NEIGHBOUR AGREES TO THE WORKS. NO FURTHER PARTY WALL PROCEDURE IS REQUIRED, ALTHOUGH AN AGREED SCHEDULE OF CONDITION DOCUMENTING THE PRE-WORKS STATE OF THE NEIGHBOURING PROPERTY IS STILL STRONGLY ADVISABLE.

2. DISSENT WITH ONE AGREED SURVEYOR: BOTH PARTIES AGREE TO APPOINT A SINGLE AGREED SURVEYOR TO ACT FOR BOTH OF THEM IMPARTIALLY. THIS IS THE MOST COST-EFFECTIVE APPROACH. THE AGREED SURVEYOR'S FEES ARE TYPICALLY PAID BY THE BUILDING OWNER. COSTS: £600-£1,200 TYPICAL FOR A STRAIGHTFORWARD LONDON EXTENSION.

3. DISSENT WITH TWO SURVEYORS: EACH PARTY APPOINTS THEIR OWN SURVEYOR. THE TWO PARTY SURVEYORS THEN APPOINT A THIRD SURVEYOR TO RESOLVE ANY DISPUTES BETWEEN THEM. THIS IS THE MOST EXPENSIVE ROUTE. THE BUILDING OWNER TYPICALLY PAYS BOTH SURVEYOR FEES. COSTS: £1,500-£4,000+ DEPENDING ON COMPLEXITY AND WHETHER THE THIRD SURVEYOR IS CALLED UPON.

IF THE ADJOINING OWNER DOES NOT RESPOND WITHIN 14 DAYS, A DEEMED DISPUTE IS CREATED AUTOMATICALLY, AND THE BUILDING OWNER MUST APPOINT THEIR OWN PARTY WALL SURVEYOR. THE ADJOINING OWNER THEN HAS 10 DAYS FROM RECEIVING THE APPOINTMENT NOTICE TO APPOINT THEIR OWN SURVEYOR. IF THEY FAIL TO DO SO, THE BUILDING OWNER'S SURVEYOR CAN ACT AS AGREED SURVEYOR.

SURVEYOR SELECTION: LOOK FOR MEMBERSHIP OF THE FACULTY OF PARTY WALL SURVEYORS (FPWS) OR THE PYRAMUS & THISBE CLUB — THE TWO MAIN PROFESSIONAL BODIES DEDICATED SPECIFICALLY TO PARTY WALL PRACTICE IN THE UK. RICS MEMBERS WHO SPECIALISE IN PARTY WALL MATTERS ARE ALSO ACCEPTABLE. EXPECT LONDON RATES OF £150-£250/HOUR OR FIXED FEES OF £600-£1,500 FOR STANDARD RESIDENTIAL WORK.

THE PARTY WALL AWARD (ALSO CALLED A PARTY WALL AGREEMENT) IS A LEGALLY BINDING DOCUMENT PRODUCED BY THE APPOINTED SURVEYOR(S) THAT SETS OUT THE WORKS PERMITTED, THE METHODOLOGY TO BE USED, THE HOURS DURING WHICH NOISY WORKS MAY BE CARRIED OUT, PROVISIONS FOR MAKING GOOD ANY DAMAGE, AND ANY SECURITY FOR EXPENSES IF REQUIRED. THE AWARD IS NOT THE SAME AS CONSENT — IT IS AN ENABLING DOCUMENT THAT ALLOWS WORK TO PROCEED EVEN WHERE THE ADJOINING OWNER IS UNCOMFORTABLE WITH IT.

A TYPICAL PARTY WALL AWARD WILL INCLUDE:

DESCRIPTION OF WORKS: REFERENCING THE APPROVED DRAWINGS AND SPECIFICATIONS.

SCHEDULE OF CONDITION: A PHOTOGRAPHIC RECORD OF THE CURRENT STATE OF THE ADJOINING OWNER'S PROPERTY — ESPECIALLY WALLS, CEILINGS, FLOORS, AND FOUNDATIONS — TAKEN BEFORE WORKS COMMENCE. THIS IS ESSENTIAL FOR RESOLVING ANY FUTURE DISPUTES ABOUT WHETHER CRACKS OR DAMAGE WERE PRE-EXISTING OR CAUSED BY YOUR WORKS.

METHOD STATEMENT: FOR COMPLEX WORKS (PARTICULARLY BASEMENT EXCAVATIONS AND DEEP FOUNDATIONS), A STRUCTURAL METHOD STATEMENT PREPARED BY THE STRUCTURAL ENGINEER WILL BE APPENDED TO THE AWARD. THIS SETS OUT PRECISELY HOW WORKS WILL BE SEQUENCED, WHAT TEMPORARY SUPPORT WILL BE PROVIDED, AND HOW THE STRUCTURAL INTEGRITY OF THE PARTY WALL AND NEIGHBOUR'S BUILDING WILL BE MAINTAINED THROUGHOUT.

ACCESS RIGHTS: THE ACT GIVES THE BUILDING OWNER THE RIGHT TO ACCESS THE ADJOINING OWNER'S PROPERTY TO CARRY OUT NOTIFIED WORKS, PROVIDED 14 DAYS' NOTICE IS GIVEN. THE AWARD WILL TYPICALLY FORMALISE THIS.

AWARD TIMESCALES: FROM APPOINTMENT OF SURVEYORS TO ISSUE OF THE AWARD TYPICALLY TAKES 4-8 WEEKS FOR STRAIGHTFORWARD WORKS AND 8-16 WEEKS FOR COMPLEX BASEMENTS OR MULTI-SECTION NOTICES. FACTOR THIS INTO YOUR PROJECT PROGRAMME.

THE SCHEDULE OF CONDITION IS ARGUABLY THE MOST IMPORTANT DOCUMENT IN THE PARTY WALL PROCESS FROM A PRACTICAL STANDPOINT. IT IS A PHOTOGRAPHIC AND WRITTEN RECORD OF THE PRE-EXISTING CONDITION OF THE ADJOINING PROPERTY — TYPICALLY COVERING ALL ROOMS ADJACENT TO OR ABOVE THE WORKS, EXTERNAL WALLS, AND ANY OTHER AREAS THAT COULD PLAUSIBLY BE AFFECTED BY VIBRATION OR GROUND MOVEMENT.

WITHOUT A SCHEDULE OF CONDITION, ANY CRACK OR DEFECT THE ADJOINING OWNER SUBSEQUENTLY CLAIMS WAS CAUSED BY YOUR WORKS IS VERY DIFFICULT TO DISPUTE — BECAUSE YOU HAVE NO BASELINE RECORD OF WHAT WAS THERE BEFORE. WITH A SCHEDULE OF CONDITION, THE BURDEN OF PROOF SHIFTS: THE ADJOINING OWNER MUST SHOW THAT THE DAMAGE WAS NOT PRE-EXISTING.

WHAT THE SCHEDULE SHOULD COVER: — ALL ROOMS SHARING A PARTY WALL WITH THE BUILDING OWNER'S PROPERTY — CEILING PLASTERWORK (PARTICULARLY CORNICES AND ORNATE CEILINGS THAT ARE SENSITIVE TO VIBRATION) — WALL AND FLOOR FINISHES — WINDOWS AND DOOR FRAMES (ANY PRE-EXISTING RACKING OR STICKING) — EXTERNAL BRICKWORK AND POINTING — DRAINAGE INSPECTION CHAMBERS WHERE RELEVANT — GARDEN SURFACES AND LANDSCAPING IN THE IMPACT ZONE

PRACTICAL RECOMMENDATION: EVEN WHERE A NEIGHBOUR HAS CONSENTED (AND NO FORMAL AWARD IS REQUIRED), ALWAYS COMMISSION A SCHEDULE OF CONDITION JOINTLY AGREED BETWEEN BOTH PARTIES. THE COST IS TYPICALLY £200-£500 AND CAN SAVE TENS OF THOUSANDS IN DISPUTED CLAIMS.

SECTION 6 OF THE PARTY WALL ACT IS THE SECTION MOST FREQUENTLY OVERLOOKED BY HOMEOWNERS AND EVEN SOME LESS EXPERIENCED CONTRACTORS. IT APPLIES TO TWO SCENARIOS:

SECTION 6(1) — WITHIN 3 METRES: IF YOU PROPOSE TO EXCAVATE WITHIN 3 METRES OF ANY PART OF A NEIGHBOURING BUILDING OR STRUCTURE, AND YOUR EXCAVATION WILL EXTEND BELOW THE LEVEL OF THE BOTTOM OF THE NEIGHBOUR'S FOUNDATIONS.

SECTION 6(2) — WITHIN 6 METRES: IF YOU PROPOSE TO EXCAVATE WITHIN 6 METRES OF ANY PART OF A NEIGHBOURING BUILDING OR STRUCTURE, AND A STRAIGHT LINE DRAWN DOWNWARD FROM THE BOTTOM OF THE NEIGHBOUR'S FOUNDATIONS AT AN ANGLE OF 45 DEGREES FROM HORIZONTAL WOULD INTERSECT WITH YOUR PROPOSED EXCAVATION.

FOR LONDON BASEMENT CONVERSIONS — ONE OF THE MOST POPULAR RENOVATION TYPES IN THE CAPITAL — SECTION 6 NOTICES ARE ALMOST ALWAYS REQUIRED. TYPICAL LONDON TERRACE FOUNDATIONS SIT AT 1.0-1.5M BELOW GROUND LEVEL. A BASEMENT EXCAVATION TO 2.5-3.0M BELOW GROUND LEVEL WILL TRIGGER SECTION 6(1) FOR ANY NEIGHBOURING PROPERTY WITHIN 3 METRES.

THE SECTION 6 PROCESS REQUIRES THE BUILDING OWNER TO SHOW FULL PLANS AND SECTIONS OF THE PROPOSED EXCAVATION, INCLUDING FOUNDATION DETAILS AND STRUCTURAL UNDERPINNING OR RETENTION METHOD. FOR BASEMENTS IN LONDON CLAY, STRUCTURAL ENGINEERS TYPICALLY SPECIFY EITHER MASS CONCRETE UNDERPINNING IN BAYS (ROYAL LONDON HOSPITAL METHOD) OR CONTIGUOUS BORED PILE WALLS — BOTH OF WHICH REQUIRE DETAILED METHOD STATEMENTS TO ACCOMPANY THE SECTION 6 NOTICE.

LONDON BASEMENT RISK: LONDON CLAY IS A SHRINK-SWELL SOIL. TREE ROOT ACTIVITY AND SEASONAL MOISTURE CHANGES MEAN THAT NEIGHBOURING PROPERTIES MAY ALREADY BE EXPERIENCING LOW-LEVEL MOVEMENT. A THOROUGH SCHEDULE OF CONDITION AND STRUCTURAL MONITORING PROGRAMME DURING EXCAVATION (CRACK MONITORING GAUGES ON PARTY WALLS) ARE STRONGLY ADVISABLE FOR ALL LONDON BASEMENT PROJECTS.

PARTY WALL COSTS FOR A TYPICAL LONDON EXTENSION (REAR, ONE STOREY, TWO NEIGHBOURS):

SIMPLEST SCENARIO — BOTH NEIGHBOURS CONSENT: NOTICES: £150-£300 SCHEDULE OF CONDITION (X2): £400-£800 TOTAL: £550-£1,100 TIMELINE: 4-8 WEEKS FROM NOTICE SERVICE TO WORKS STARTING

MIDDLE SCENARIO — ONE DISSENT, AGREED SURVEYOR: NOTICES: £150-£300 AGREED SURVEYOR FEE (BUILDING OWNER PAYS): £700-£1,200 SCHEDULE OF CONDITION (INCLUDED): OFTEN WITHIN AWARD TOTAL: £850-£1,500 TIMELINE: 8-14 WEEKS FROM NOTICE SERVICE

COMPLEX SCENARIO — BOTH DISSENT, TWO SURVEYORS EACH: NOTICES: £150-£300 BUILDING OWNER'S SURVEYOR: £800-£1,500 ADJOINING OWNER'S SURVEYOR (BUILDING OWNER PAYS): £600-£1,200 THIRD SURVEYOR (IF REQUIRED): £800-£2,000 TOTAL: £2,350-£5,000+ TIMELINE: 12-20+ WEEKS

LONDON BASEMENT WITH SECTION 2 + SECTION 6 NOTICES: FULL PARTY WALL PROCESS INCLUDING STRUCTURAL METHOD STATEMENT, MONITORING, AND COMPLEX AWARDS: £3,000-£8,000 PER NEIGHBOUR

IMPORTANT NOTE: THE COSTS ABOVE ARE PROFESSIONAL FEES ONLY — THEY DO NOT INCLUDE THE COST OF ANY MAKING GOOD OR REPAIR WORK TO A NEIGHBOUR'S PROPERTY IF DAMAGE DOES OCCUR DURING WORKS. ALWAYS ENSURE YOUR CONTRACTOR AND PUBLIC LIABILITY INSURANCE POLICY COVERS PARTY WALL-RELATED DAMAGE CLAIMS.