The Party Wall etc. Act 1996 contains legislation to help prevent and resolve disputes about structures shared by neighbours (e.g. a chimney breast).
This help guide explains when you need to notify a neighbour about party walls and building work and what to do if you're unable to reach an agreement.
There are several types of shared structures (common to two or more adjoining buildings) recognised by legislation in the United Kingdom.
As such, a party wall can be one that:
Note: The expression 'party structure' may refer to a floor or wall partition or any other structures that separate buildings or parts of buildings with different owners.
You must tell neighbours before carrying out building work near to, or at, shared property boundaries or walls in England and Wales.
The rules for conducting building works to party walls and structures that divide two or more properties generally relate to:
Note: The process for setting up party wall agreements is not the same as getting building regulations approval and planning permissions in England and Wales. Also, the rules differ in Scotland and Northern Ireland.
There is no legal requirement to inform people living in adjoining properties when you make 'minor' changes. So, some of the common examples will include:
The party wall explanatory booklets cover the rules relating to when and how to notify people living in adjacent properties.
You need to give between two (2) months and one (1) year of advance warning (in writing) to neighbours before starting any building works on party walls and shared structures.
The notice should explain what work you intend to carry out. But, it is always a good idea to discuss it 'verbally' before you give notice in writing.
Important: As long as you make changes that follow property ownership laws, neighbours cannot stop you from making them. Even so, they may be able to affect when and how you conduct the projects.
As a rule, giving notice creates an opportunity to reach an agreement with your neighbour. Following that, they can:
What if your neighbours fail to respond to the notice? If not, you must not assume that a lack of response means they give consent to the works.
The legal process to resolve the dispute will start if they fail to respond to the notice within the given time.
According to the law, the person who starts building works on a party wall or shared structure must pay for it. If it's due to defects or a lack of repair, the neighbour may need to pay for a share of the cost.
Failing to reach an agreement means you would need to appoint a surveyor (you cannot represent yourself). But, you can choose to hire separate surveyors if you prefer to do so.
The surveyors would reach an agreement through a legal document called a 'party wall award'. In simple terms, it will state:
Even though it is not commonplace, the law allows you to appoint a surveyor on behalf of the neighbour. Doing so may be necessary if they fail (or refuse) to hire one themselves.
You can file an appeal against the award if you don't agree with it, using an 'appellant's notice' at a county court. It should take place within fourteen (14) days of the date you receive it.
Note: Another section explains how to find contact details and information on courts (and tribunals) in England and Wales. It also covers some of the non-devolved tribunals in Scotland.
There are several rules to follow when you start to carry out the building works or alterations, including:
In some cases, you may need to get access to the adjoining property. If so, the neighbour cannot refuse to allow surveyors and workmen inside their property (during normal working hours).
Other than emergency situations (e.g. a burst water main), you would need to give them at least fourteen (14) days of advance notice to gain access.
Note: The main section contains more information about the rules for owning a property in Great Britain and Northern Ireland.
Rules On Party Walls and Building Work in United Kingdom