Are you a homeowner who is planning to extend your home, convert your loft, or carry out any building work near a shared wall or boundary? If you fit that criteria, then do not ignore the Party Wall Act 1996. A lack of response from your neighbour does not automatically mean a party wall agreement and consent for building works.
Understanding this Act will not only help you to stay within the law but to also maintain good relationships with neighbours and avoid costly legal disputes. The Act ensures that both you and your neighbours have clarity, protection, and a formal mechanism for resolving disagreements if they arise.
What is a party wall?
There are two main types of party wall:
1: A wall is considered a party wall if it sits on the boundary between two (or more) properties and either:
- Forms part of one building;
- Separates two or more buildings, or
- Is a party fence wall, but not wooden fences or hedges.
2: A wall is also a party wall if it stands entirely on one owner’s land but is used by both owners to separate their buildings—such as when one owner builds against an existing wall.
- Notably, only the part of the wall that serves a shared or dividing function is considered “party”.
- There is also party structure, such as walls and floors between and dividing flats.
When is a party wall agreement needed?
Not all work to party walls requires a party wall agreement. For example, you do not need it for minor work, such as drilling into the wall internally to fit kitchen units or shelving.
However, you must obtain a party wall agreement if you’re planning building work near or on a party wall.
Here are some examples of common works which require such an agreement:
- Alterations to shared (party) walls in semi-detached or terraced houses
- Work on shared structures, such as floors between flats
- Changes to garden boundary walls
- Excavations or underpinning within 3–6 metres of a party wall
- Loft conversions that cut into a party wall
- Inserting a damp-proof course into a party wall
- Making a party wall thicker or higher
- Adding a second storey above a shared wall
- Building a new wall up to or off a party wall
What should I do If my planned works fall in one of the categories?
You need to notify your neighbours with a formal Party Wall Notice and agreeing in writing before work begins.
The homeowner is responsible for serving the notice. It is advised that the notice should include details of the work that you plan to carry out, the date that work will start, any access requirements over their property, and your contact details.
My neighbour does not respond to my notice, is that consent?
The simple answer is: No.
After you served the notice, your neighbour could have options to reply to state that they give their consent, or refuse to give consent, or give counter notice.
It is not uncommon that they simply do not respond. But no response does not equal consent; you are considered to be in dispute, if after 14 days of service of the notice, your neighbour does nothing.
At this stage, you can still try to communicate with your neighbour and get their consent to the works. They might serve you a counter notice about costs to meet or some restrictions and conditions for work.
If an agreement cannot be reached, you will either appoint a party wall surveyor to act for both of you or you each appoint your own. The surveyor will arrange a Party Wall Award, setting out details of the work can be carried out and who is responsible to pay. You can appeal against it at a county court if you are not happy with the award.
Even if you have an agreement in place, the homeowner is still responsible for ensuring any damage caused during the works is repaired. It is also advisable for you to keep a record and share the photos on the condition of the wall in order to avoid later disputes.
Finally, we would like to add, the Act does not change the ownership of any wall, nor does it change the position of any boundary. The Act does not contain any provision that could be used to settle a boundary line dispute.
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