A Homeowner's Guide to Understanding and Complying with Party Wall Regulations

The Party Wall Act

Party walls are shared walls, dividing many connected and adjacent properties. 

• Semi-detached houses will typically have one party wall dividing the full height of the property whereas terraced houses will have two party walls. 
• Flats and apartments may have four or even five party walls; above, below, and on two to three sides of the property. 

Whilst many assume that the Party Wall Act only references structural walls within the properties themselves, it actually applies to walls that both:

1. Form part of the buildings
2. Don’t form parts of the building, e.g. garden walls (but not wooden fences)

What work is covered by The Party Wall Act?

Broadly speaking, any work that changes, modifies or otherwise impacts the structure of a party wall is notifiable to neighbours (officially called Adjoining Owners) under the Act. Some excavation works within close proximity of a party wall (6m) may also fall under the Act. 

Any of the following works will likely require a Party Wall Agreement:

• Any works to the shared party walls between semi-detached and terraced houses. 
• Works that involve ‘party structures’ which include the floors between flats. 
• Loft and attic conversions that involve party walls 
• Inserting damp-proof materials or insulation into the wall where cutting into the wall is required, or the wall needs to be repaired following the works. 
• Building extensions above shared walls or floors. 
• Works to garden boundary walls. 
• Excavations within 6m of the party wall where the excavation intersects with a 45-degree downward angle from the bottom of the neighbour’s foundation. 
• Excavations within 3m to the wall and deeper than the neighbour’s foundations. 
• Inserting beams or padstones into the party walls. 
• Changes to chimney breasts. 
• Increasing the thickness or demolishing and rebuilding the wall. 

The Party Wall Act and garden walls

One confusing aspect of the Party Wall Act is that it also applies to garden walls; walls that “don’t form parts of the building, e.g. garden walls (but not wooden fences)”. So when does a garden wall come under the Act?

In the Act, garden walls are referred to as ‘party fence walls’ and many property deeds refer to both garden walls and fences as 'party fences'. The wording ‘party fences’ here is not relevant to the Act and often means garden fences that are jointly maintained by neighbours. 

If you and your neighbours share a concrete or brick wall and it straddles both property’s boundaries then this does fall under the Act and relevant works to or near the wall will require a Party Wall Agreement. 

However, party fences made from timber or timber panels connected via concrete posts do not count as party fence walls under the Act. 

Just because a garden wall divides you and your neighbour doesn’t mean that it’s a party wall - if the wall sits wholly within your boundary, then the act doesn't apply. 

The Party Wall Act and loft conversions

The Party Wall Act will apply to most loft conversions in terraced houses and many in semi-detached houses.

Loft conversions are a particularly attractive proposition in cities where vertical space is available and can add considerable space and value to any home. 

Loft conversions are likely relevant to the Act if they involve: 

• Cutting into the wall and installing load-bearing beams.
• Inserting a damp course proof within the wall.
• Removing chimney breasts from the wall. 
• Increasing the thickness or height of the wall, or otherwise demolishing and replacing the wall. 
• Cutting into the wall to install some types of insulation. 

Works that wouldn’t typically involve the Act include: 

• Installing or removing electrical sockets and fittings.
• Removing plaster.
• Drilling into the wall to install shelves and fittings. 

It’s vital to gain a professional opinion on whether or not a loft conversion will require a Party Wall Agreement. 

The Party Wall Act and home extensions

Home extensions in terraced and semi-detached houses will involve the Act where works to a party wall are included in the plans, but may also apply to detached houses where excavation is required close to a party wall. 

Home extensions are likely relevant to the Act if they involve: 

• Cutting into the wall and installing load-bearing beams.
• Inserting a damp course proof within the structural or garden party wall. 
• Increasing the thickness or height of the structural or garden party wall.
• Demolishing and replacing the structural or garden party wall. 
• Cutting into the wall to install some types of insulation. 
• Excavating within 6m of the party wall where the excavation intersects with a 45-degree downward angle from the bottom of the neighbour’s foundation.
• Excavating within 3m to the party wall and deeper than the neighbour’s foundations.

Works that wouldn’t typically involve the Act include: 

• Minor modifications to the wall, e.g. drilling or removing plaster.
• Works to garden walls that are fully within your boundaries.
• Works to timber or other temporary fences.

Who does the Act apply to? Building owner vs adjoining owners

There are at least two parties involved in the Act; the Building Owner and the Adjoining Owner. 

The Building Owner is more or less self-explanatory - this is the party that plans to carry out works on a building they own, either on a leasehold or freehold basis. 

The Building Owner has the responsibility of finding out whether their works involve the Act and must then serve the correct notice at least two months prior to works taking place, unless the Notice is a Section 1 notice or Section 6 Notice where just one month's notice is required.

The Adjoining Owners are a little more complex to define and include:

• A person in receipt of rents or profits from the land, which may either be a leaseholder or freeholder.
• A person in possession of the land, i.e. the freeholder or a tenant, but not one on an Assured Shorthold Tenancy (AST), which is the most common short-term tenancy. The lease agreement must typically be longer than one year. 
• A person who is entered into a contract to purchase the adjoining property, either freehold or leasehold.

For homes, locating the Adjoining Owners is usually quite straightforward. For flats and apartments, it may be necessary to check freehold and lease documents available from the Land Registry. 

Party wall notices

A Party Wall Notice is served by the Building Owner to the relevant Adjoining Owner(s). The document should contain a complete description of the works as advised and drafted by a professional. 

At least two months’ notice must be given from the proposed start of the works, unless the Notice is a Section 1 Notice or Section 6 Notice where just one month’s notice is required. 

The notice will expire within a year, but once served, the Adjoining Owners have 14-days to provide a written agreement, or otherwise, the notice will automatically fall into dispute. The notice will also obviously fall into dispute if the Adjoining Owners refuse to agree. 

The exact contents of a Party Wall Notice depend on the type of notice, there are 3 main types: 

• Section 1 - Line of Junction Notice
• Section 3 - Party Structure Notice
• Section 6 - Adjacent Excavation Notice 

Section 1 - Line of Junction Notice

The Section 1 Line of Junction Notice applies where the boundary forms a junction with the Adjoining Owners but where there is no building or structure present on the boundary. 

This applies when the Building Owner intends to build on or up to the line of junction - or boundary, and typically involves a separating brick wall. Timber fences are not relevant here. 

Section 1 Notices would typically apply to the construction of a new wall on the boundary. 

Section 2 - Party Structure Notice

The most common notice, which involves any changes, works or structural modifications made to an existing party structure and party fence walls. 

Section 3 Notices also require a longer two month notice period. 

Section 6 - Adjacent Excavation Notice

Section 6 Adjacent Excavation Notices apply to excavation works within 6m of the party wall where the excavation intersects with a 45-degree downward angle from the bottom of the neighbour’s foundation or excavations within 3m of the wall and deeper than the neighbour’s current foundations.

This type of notice must explain how the proposed works will not interfere or weaken the neighbour’s foundations and usually apply to house extensions. 

What should the notice include?

The Notice should include at least the following:

• The name of those planning and undertaking the work, including contact numbers and addresses. 
• The date the notice has been delivered. 
• A detailed description of the work and any professional supporting documents and drawings. 
• Any access requirements. 
• The planned commencement date of the work. 
• Enlisting professional help will ensure the validity of the Notice, otherwise, it might have no legal meaning

Reaching a Party Wall Agreement

Once the Notice has been served, it’s usually a matter of holding one’s breath and hopefully awaiting a Party Wall Agreement. 

A Party Wall Agreement will either involve the Adjoining Owners signing off on your works and agreeing for them to take place, or issuing a counter-notice which makes provisions for extra simultaneous works that benefit them, e.g. repairs (which they will pay for). 

What does a Party Wall Agreement include?

If the Adjoining Owners agree (also called assent), they will provide written consent and work with the homeowner to agree on the finer details of the plans, as well as documenting the condition of the wall with regards to any pre-existing cracks or issues. 

It’s usually a good idea for a surveyor to create a schedule of condition on the party wall to officially document any cracks, damp or other issues prior to work taking place. 



Can a neighbour refuse the Party Wall Agreement?

If the Adjoining Owners either fail to reply within 14-days or provide written objection, then a Party Wall Award will be required. 

A Party Wall Award is an official survey of the wall(s) and the proposed works by a Party Wall surveyor. 

Do I need a party wall surveyor?

In the event of an objection, the only path forward is to obtain a Party Wall Award which requires the service of a surveyor. 

You cannot be your own surveyor, but one surveyor can act on behalf of both parties. It is the Building Owner’s responsibility to pay for the surveyor. 

What happens if I proceed with no Party Wall Agreement?

To do so would be a breach of ‘Statutory duty’ and any subsequent issues, like damages to the neighbour's property, will be extremely hard to defend in court. You will also not have any access rights to the property. 



How much does a Party Wall Agreement cost?

A Party Wall Agreement will only cost as much as it does to submit plans to the neighbour(s) and receive permission, which will likely include a survey and architectural drawings. 



Party Wall Awards

Party Wall Awards are only required in the event of objection (or refusal) to the Party Wall Notice. They must be drawn up and submitted by a surveyor. The Party Wall Award can be appealed at a County Court by either party. 



What are Party Wall Awards?

Party Wall Awards are objective evaluations of the wall(s) and the proposed works. The purpose of the Award is to provide a mediated path towards an agreement. 



What will a Party Wall Award say?

Party Wall Awards do the following: 

• State the details of the work.
• State when the work is to be carried out, including limitations on noisy work.
• State the risk involved and how this can be mitigated.
• Include a schedule of condition that documents the party wall from all sides. 
• Detail access requirements for contractors and the surveyor. 

Common mistakes when dealing with a Party Wall Award

• Planning: If you’re considering works that involve a party wall, it’s vital to plan well ahead. Obtaining all the necessary evidence, drawings, plans and other supporting documents prior to submitting a Notice ensures that your neighbours are equipped with the information they need to either approve or object to your plans in a timely fashion. It’s also not as easy as some people expect to actually locate neighbours in the first place - budget time for digging through the Land Registry, etc.

• Budgeting: Party Wall Agreements will always cost something, but costs can rise to around the £1,000 mark if an Award is required. Budget for the costs of a Party Wall surveyor.

• Not Obtaining a Schedule of Condition: If any damage is caused to the neighbour’s property then this will be incredibly hard to disprove without a professional schedule of condition which documents the wall on both sides. A court will likely automatically decide against the building owner without one. 

• Not Asking for Professional Help: Not all Party Wall Notices will be considered valid and the content will likely be insufficient if it hasn’t been drafted with the assistance of a professional. Seek professional help to save money and avoid possible injunctions lodged against the works. 

• Carrying Out Works Outside of the Award: If an Award is granted, it’s imperative to carry out works within the scope of the Award. 

• Not Acting Cooperatively: Party walls are an inevitability of many building projects and the point is that both parties own the wall, hence why they both have certain rights to use it. The law makes provision for the building owner to make modifications to the party wall, but these must not be wielded without due care and attention to the neighbour and the disruption works might cause them. 

Summary: The Ultimate Guide to Party Walls

Party Wall Agreements usually run smoothly, providing professional guidance is followed and adequate supporting information is provided, including detailed drawings, a description of the works and schedule of condition.

If you fail to plan then you plan to fail with your Party Wall Agreement. This is not something that can be rushed - it must be taken seriously!

All things considered, most Party Wall Agreements do run smoothly without major issues or hiccups. The trick is in executing your Party Wall Notice professionally and with due consideration to neighbours. 

Always make provisions for how a party wall might affect your plans - you will likely need to plan further ahead if your proposed works involve a party wall. 

How Fast Plans can help

Fast Plans is a leading provider of loft conversion and house extension planning, designs and drawings. 

We have built an extensive network of contractors, builders and surveyors and can point you in the direction of those required to realise your project, including Party Wall Surveyors. 

We possess a deep knowledge of Party Wall legislation and understand the ins and outs of all relevant legislation, including the Party Walls Act. If a party wall is involved in your loft conversion or home extensions plans, we will assist you in obtaining the professional advice you need to move your designs forward. 

Get in touch with one of our team members to discuss your project today!