Homeowners in terraced or semi-detached homes are often so intimidated by party wall horror stories that many try to avoid the issue altogether. Rather than extending their kitchen or converting their loft, they would rather save up and move to a new building altogether.
What they may not realise is that the Party Wall etc. Act 1996 actually works in favour of those carrying out renovations and home improvement. As long as you follow a relatively straightforward process, the Act protects your right to make alterations to your home and offers a way to ensure you aren’t blamed for unrelated damages.
Starting to sound more reasonable? Here’s what you need to know as the Building Owner:
Why does the Party Wall Act exist?
The Party Wall etc. Act was introduced so that, if planned property modifications will affect a boundary or structure that you share with a neighbour, they can proceed smoothly and with a clear assignment of responsibility. It also prevents your neighbour (known as the Adjoining Owner) from stopping the work or stalling it indefinitely.
It exists separately from any Building Regulation or Planning Permission requirements, and cannot be ignored.
What counts as a ‘party wall’?
A party wall is a wall or fence that is positioned along a property boundary line and belongs equally to both neighbours. The Act also applies to the construction of a new wall or structure that is being built on (or astride) the boundary line, as well as instances where a property owner has built a structure up against the party wall.
Walls and structures affected by the Act don’t even have to be party walls – they might be foundations or walls that come close to the property boundary line. They might even be ceilings or floors, if work is being carried out in a block of flats.
What kinds of projects are affected by the Party Wall Act?
The Party Wall Act covers any work that might affect the structural integrity of a party wall and potentially cause damage to the neighbouring property. This includes cutting into the wall, demolishing and rebuilding part of a wall, raising or lowering part of the wall or excavating earth close to building foundations.
This can typically affect:
• Loft conversions, where beams need to be inserted or moved
• Installation of damp-proof courses
• Single-storey and multi-storey extensions
• Conservatories
• Basement extensions or new underground rooms
Don’t worry – it doesn’t apply to small jobs like drilling or hanging pictures. If you are under any uncertainty about whether the Party Wall Act applies to your project, a professional surveyor will be able to provide you with answers.
What if your renovations are affected by the Party Wall Act?
If your plans are going to affect the party wall, you will need to follow a certain process. It’s a good idea to warn your Adjoining Owners about your plans as early as possible, in order to iron out any foreseeable problems quickly and smoothly. This also reduces the chances of them trying to stall the project once you serve formal Notice.
Serving Notice is the next step, and it must be done properly in order to be valid (see the bottom section of this page for more info). It’s recommended that you appoint a surveyor at this stage to make sure everything is in order, otherwise you may end up needing to re-serve Notice and delaying your work.
The Adjoining Owner will then have the opportunity to respond, either consenting or dissenting to your plans. If they dissent, they have the right to be represented by your surveyor – or appoint their own – in order to draw up a Party Wall Award so that the project is carried out in a way that suits both parties.
So, why is the Party Wall Act a good thing?
A lot of people are worried about starting a home renovation in case troublesome neighbours suddenly cause work to stop. Thanks to the Party Wall Act, even if your neighbours dissent to your initial plans, your project can only be delayed – not stopped altogether.
There’s also the Schedule of Condition, which is typically carried out as part of the Party Wall Award. This documents the current condition of the Adjoining Owner’s property, so that any existing or unrelated damage isn’t falsely attributed to your project once it’s underway.
Providing you follow the proper process, the Act actually streamlines the construction process, ensuring both parties are treated fairly before work even starts. If you’re desperate for a little more space, the Party Wall Act can help you achieve the home of your dreams, right where you are.
