What is a party wall?
A party wall is a wall that is shared between two or more owners. It will be shared because it sits directly on the boundary of land. A good example of a party wall is any wall that separates semi-detached or terraced houses.
The Party Wall Act
The Party Wall Act 1996 is relevant to all houses in England and Wales and was created to prevent building work that could compromise the structural integrity of any shared walls or adjoining properties. The Party Wall Act is used to resolve and prevent disputes between neighbours if they occur.
The Party Wall Act 1996 does not apply in Scotland and Northern Ireland, as common law is used to settle party-wall issues in these areas.
Do I need a Party Wall Agreement?
A Party Wall Agreement is necessary if you plan on undertaking any building work on or near a party wall. You must inform your neighbours and provide them with a Party Wall Notice. You can then come up with a Party Wall Agreement in writing. If you use a builder or an architect then they should be able to advise you on this, although you will be expected to serve the notice to your neighbour yourself.
The following building works require you to acquire a Party Wall Agreement:
- Any work to shared walls between semi-detached or terraced houses.
- Work to garden boundary walls.
- Excavation works or underpinning to, or within 3 to 6 metres of the party wall.
- Inserting a damp proof course into a party wall.
- Work concerning shared ‘party structures’, such as floors between flats.
- Loft conversions that involve cutting into a party wall.
- Making party walls thicker or higher.
- Building a second-storey extension above a party wall.
- Building a new wall up to or off the party wall.
Which jobs do not need a party wall agreement?
Not all work to party walls will require a Party Wall Agreement. Minor works such as drilling into the wall internally to fit shelving or units, plastering the wall or adding or replacing electrical sockets or wiring will not require an agreement.
What is a Party Wall Notice?
A Party Wall Notice must be given to your neighbours to provide them with notice of the intended works you plan on carrying out to the party wall. The notice should be served at least two months in advance of the work starting and at any time up to a year before the start date.
You do not need planning permission to serve a party wall notice and because you can have up to a year to start work once the notice has been served, it is recommended you do this as soon as possible to avoid potential delays. You should consider speaking to your neighbours in person before serving written notice so that they are aware that you are taking the proper route and precautions. Doing this may help you prevent disputes or misunderstandings once the notice is served, allowing an agreement to be written up hassle-free.
What to include in your notice
If you want to formally serve notice, you must write to your affected neighbour(s). You need to provide your contact information, thorough details of the work that you intend to carry out, the proposed start date of the intended work, as well as any access requirements over their property, if it is needed. If the adjoining property is a leasehold, you must serve notice to both the building’s owners and the tenant(s) living there.
What Happens Next?
Once you have served the affected neighbour(s) with a party wall agreement, you must wait for their response. Your neighbour will have 14 days to respond in writing and give their consent. If your neighbour refuses to consent, then the dispute process will start. It is also possible for your neighbour to issue a counter notice requesting additional works at the same time to their benefit, such as repairs to the shared wall. This will be costly for them. Counter notices need to be issued within 1 month of you serving your notice. If your neighbour does not stick to these timelines, then the dispute process will start.
Here at Salstan Architects, we pave the way for a project that respects both your vision and your neighbours’ peace of mind, fostering a harmonious path forward. If you require help obtaining a Party Wall Agreement, then contact us today.