Party Wall Act 1996

The Act provides a Building Owner, who wishes to carry out various sorts of work to an existing party wall, with additional rights going beyond ordinary common law rights.

The most commonly used rights area

to cut into a wall to take the bearing of a beam (for example for a loft conversion), or to insert a damp proof course all the way through the wall

to raise the height of the wall and/or increase the thickness of the party wall and, if necessary, cut off any projections which prevent you from doing so.

to demolish and rebuild the party wall

to underpin the whole thickness of a party wall

to underpin the whole thickness of a party wall

to protect two adjoining walls by putting a flashing from the higher over the lower, even where this requires cutting into an Adjoining Owner's independent building.

If you intend to carry out any of the works mentioned, you must inform all Adjoining Owners . You must not even cut into your own side of the wall without telling the Adjoining Owners of your intentions.

The Act contains no enforcement procedures for failure to serve a notice. However, if you start work without having first given notice in the proper way, Adjoining Owners may seek to stop your work through a court injunction or seek other legal redress.

An Adjoining Owner cannot stop someone from exercising the rights given to them by the Act, but may be able to influence how and at what times the work is done.

The Act also says that a Building Owner must not cause unnecessary inconvenience. This is taken to mean inconvenience over and above that which will inevitably occur when such works are properly undertaken.

The Building Owner must provide temporary protection for adjacent buildings and property where necessary. The Building Owner is responsible for making good any damage caused by the works or must make payment in lieu of making good if the Adjoining Owner requests it.

It is obviously best to discuss your planned work fully with the Adjoining Owners before you (or your professional adviser on your behalf) give notice, in writing, about what you plan to do. If you have already ironed out possible snags with your neighbors, this should mean that they will readily give consent in response to your notice. You do not need to appoint a professional adviser to give the notice on your behalf.

Whilst there is no official form for giving notice under the Act, your notice must include the following details:

your own name and address (joint owners must all be named, e.g. Mr A & Mrs B Owner)

The address of the building to be worked on (this may be different from your main or current address)

a full description of what you propose to do (it may be helpful to include plans but you must still describe the works)

when you propose to start (which must not be before the relevant notice period has elapsed).

The notice should be dated and it is advisable to include a clear statement that it is a notice under the provisions of the Act. You may deliver the notice to the Adjoining Owner(s) in person or send it by post. Where the neighboring property is empty or the owner is not known, you may address the notice to "The Owner", adding the address of the premises, and fix it to a conspicuous part of the premises. You do not need to tell the local authority about your notice. The notice should be served two months before the planned starting date for work to the party wall. The Adjoining Owner may agree to allow works to start earlier but is not obliged to even when agreement on the works is reached. The notice is only valid for a year, so do not serve it too long before you wish to start.

Agreements must always be put in writing.