Party Wall Act 1996

About the Party Wall Act 1996

What does the Act do?

The act provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.

Anyone proposing to carry out work of the kinds described in the Act must give adjoining owners notice of their intentions (a notice must be given even where work will not extend beyond the centre line of a party wall).

Adjoining owners can agree or disagree with what is proposed. Where there is a disagreement, the Act provides for the resolution of disputes.

What does the Act cover?

a) Various work that is going to be carried out directly to an existing party wall or structure.

b) New buildings at or astride the boundary line between properties.

c) Excavations within 3 or 6 metres of a neighbouring building or structure, depending on the depth of the hole or foundations.

What is a party wall?

The Act recognises 2 main types of party wall. These are referred to as a “party wall” or “party fence” if:

it forms part of a building and stands astride the boundary of land belonging to two or more different owners (see

diagram 1);

i) or

ii) it separates buildings and it either

a) stands astride the boundary of land belonging to 2 or more different owners (see diagram 2);

or

a) stands wholly on one owner’s land, but is used by two (or more) owners to separate their buildings. Where one person has built the wall in the first place, and another has butted their building up against it without constructing their own wall, only the part of the wall that does the separating is “party” – sections on either side or above are not “party” (see diagram 3).

A wall is a “party fence” if it is a wall which is not part of a building, that stands astride the boundary line between lands of different owners and is used to separate those lands (for example a garden wall) – see diagram 4. This does not include such things as wooden fences.

The Act also uses the expression “party structure”. This is a wider term which could be a party wall or a floor partition or other structure separating buildings or parts of buildings approached by separate staircases or entrances (for example flats) – see diagram 5.

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