Party Wall etc. Act 1996
The Party Wall Act Explained in Plain English
The Act provides a legal framework for certain work to party structures, new boundary walls and excavation near neighbouring buildings.
When Does the Act Apply?
The Act does not apply to every building project. It depends on the nature, position and depth of the proposed work.
Party structures
Cutting in beams, raising walls, chimney-breast removal and other specified work may be notifiable.
Boundary walls
Building a new wall astride or up to the boundary can require notice under Section 1.
Excavation
Foundations within 3m or 6m may require notice where the statutory depth tests are met.
Notice, Consent and Dissent
A valid notice explains the relevant work and statutory basis. The adjoining owner may consent or dissent. A dissent does not necessarily mean opposition to the project; it means the surveyor procedure is required.
If a dispute arises, one Agreed Surveyor or two surveyors prepare an Award regulating the notifiable work.
The Act does not replace
- Planning permission
- Building Regulations
- Structural design
- Land ownership checks
- Rights relating to trespass or easements
Common Questions
Is a “Party Wall Agreement” the same as an Award?
The phrase is used loosely. The Act refers to notices, consents, surveyor appointments and Awards.
Can work start immediately?
Notifiable work should not start until the statutory procedure and applicable notice period have been dealt with.
What if work has already started?
Seek advice promptly. The Act does not provide a simple retrospective notice procedure.
Does the Act cover all damage?
It addresses damage caused by work carried out under the Act, but evidence and causation remain important.
Need Party Wall Advice in Kent?
Send us your drawings or tell us about the proposed work for clear, practical guidance.