If you share a wall, boundary or structure with a neighbour and you are planning to extend, dig new foundations, or alter a shared wall, the Party Wall etc. Act 1996 probably applies to your project. It catches a lot of homeowners by surprise, usually at the point their neighbour raises it.
When the Act Applies
- Building on or at the boundary line with a neighbouring property
- Excavating foundations within 3 metres of a neighbouring building, where the new foundations will be deeper than the neighbour's existing ones
- Excavating within 6 metres if the work will cut a line drawn down at 45 degrees from the bottom of the neighbour's foundations
- Any work directly to a shared wall, such as cutting into it to take a bearing, or raising or rebuilding a party wall
Semi-detached and terraced houses are affected most often, since a shared wall between properties is exactly the kind of structure the Act covers. Detached houses are not exempt either, if foundations are close enough to a boundary.
The Process
- Serve a party wall notice to your neighbour at least two months before starting work that involves the wall itself, or one month before excavation work covered by the Act
- Your neighbour can consent in writing, in which case work can proceed on the terms notified
- If they do not respond within 14 days, or dissent, a party wall surveyor (or two, one for each side) is appointed to prepare a party wall award, setting out how and when the work can be carried out
- A schedule of condition is usually taken of the neighbouring property before work starts, protecting both parties if a dispute arises about damage afterwards
Why This Should Not Be an Afterthought
Skipping this process does not make the legal requirement disappear, it just means you are exposed if a neighbour later objects or a dispute arises over damage. In the worst cases, work can be halted by injunction until the correct process is followed retrospectively, which costs more time and money than doing it properly at the outset.
How We Handle It
We flag party wall implications during the planning stage of any extension, not once digging has already started. Where notices are needed, we help coordinate the process and can recommend party wall surveyors we have worked with before, so the legal side moves in parallel with design and planning rather than delaying the whole project once building work is meant to be underway.
If you are planning an extension near a shared boundary and are not sure whether the Party Wall Act applies to you, get in touch and we will talk you through it before you serve any notices.