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INTRODUCTION

The Party Wall etc Act 1996 came into effect on 1 September 1997. The new Act imposes on the
whole of England and Wales the party wall procedures which have existed under the London
Building Acts since 1844. It provides building owners with certain rights and obligations in relation
to party walls and similar structures and – importantly - introduces new obligations on anyone
digging an excavation near (can be up to 6 m away, see below) another owner's building.

Notices must be served and procedures followed. There are provisions for compensation, for
rights of entry and for the safeguarding of some existing easements. The Act lays down strict
procedures for the resolution of disputes and it provides for the appointment of a surveyor or
surveyors who have the power to resolve problems.

APPLICATION OF THE ACT

The arrangement of sections in the Act is as follows:

Construction and repair of walls on line of junction

Section 1 New building on line of junction
Section 2 Repair etc of party wall: rights of owner
Section 3 Party structure notices
Section 4 Counter notices
Section 5 Disputes arising under sections 3 and 4

Adjacent excavation and construction

Section 6 Adjacent excavation and construction

Rights etc
Section 7 Compensation etc
Section 8 Rights of entry
Section 9 Easements

Resolution of disputes
Section 10 Resolution of disputes

Expenses
Section 11 Expenses
Section 12 Security for expenses
Section 13 Account for work carried out
Section 14 Settlement of account

Miscellaneous
Section 15 Service of notices
Section 16 Offences
Section 17 Recovery of sums
Section 18 Exception in case of temples etc
Section 19 The Crown
Section 20 Interpretation
Section 21 Other statutory provisions

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General
Section 22 Short title, commencement and extent

A building owner may wish to demolish and/or develop the site which may change the height,
depth or load on a party wall. Under Section 7 of the Act, the building owner may exercise a right
to carry out this work but the building owner:

 must not cause any unnecessary inconvenience to an adjoining owner or occupier

 must compensate any adjoining owner or occupier for any loss or damage as a result of work
carried out
 must, with the construction team, design and execute the proposals so that damage is
minimised.

Under the Act, the building owner is required to serve a notice to the adjoining building owner if:

 work is to be carried out on a wall separating premises

 it is intended to build within 3 metres of the adjacent building and to a level lower than the
bottom of the adjacent foundations (three metre notice - see figure 1)
 it is intended to build within 6 metres of the adjacent foundations to a depth defined in the Act
(six metre notice - see figure 2).

The building owner's surveyor should provide details of the works, including strengthening of
foundations, that are proposed in order to safeguard the adjacent buildings.

Figure 1 - Three metre notice diagram

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Figure 2 - Six metre notice diagram

PARTY WALL AWARDS

The Party Wall Award, drawn up by the appointed surveyors, is concerned with defining the
condition of the party wall and the adjacent building(s) prior to commencement of works and
defining the responsibilities of the building owner to the adjoining owner or occupier. This
document is best drawn up by experienced surveyors or building professionals. Surveyors will
test and police the technical proposals made by the building owner’s construction team. The
costs of professional advice and the surveyors’ fees are borne by the building owner.

The process of drawing up a Party Wall Award normally involves:

 Structural survey and assessment

The nature and construction of the party wall must be established before the building owner’s
proposals can proceed. This may require opening up or excavation of trial pits to establish:
 thickness and construction of party wall
 bonding between the party wall and the external and internal walls
 flues within the thickness of the wall
 decay, embedded timbers, fire damage
 partially removed chimney breasts
 bonding of chimney breasts to the party wall
 verticality of the party wall
 connection of the wall to the respective buildings
 ability of the adjoining owner’s building to restrain the wall if demolition of adjacent

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structure is proposed
 depth, projection and construction of footings
 bearing stratum, type and strength
 water-table level
 underground services, tunnels etc
 foundation decay
 whether the foundation can carry extra load

 Submission of proposals to the adjoining owner

Once the nature and condition of the party wall and supporting structures are known, the following
issues can be considered:
 effect of vibrations
 effect of loading/unloading (heave/settlement)
 stability during and after construction
 shoring anchorages and effectiveness
 effect on skin walls, flues, overhangs etc
 weather protection, during and after construction
 damp penetration
 air rights for cranes
 access to adjoining land
 rights of light
 means of escape
 stability of excavations
 rights of support
 method statement.

The adjoining owner’s surveyor may instruct an engineer to check the proposals. T he engineer
would be expected to:
 visit site
 establish how the proposals may affect the party wall or the adjoining owner’s building
 comment on the adequacy of the proposals to minimise damage
 make detailed checks and calculations of the proposals
 visit site during the works to confirm general adherence with the agreed designs and
method statements.

 Preparation of a Schedule of Conditions

A schedule of conditions covering all areas of the building likely to be affected by the proposed
works should be prepared by the building owner’s surveyor and should be submitted to the
adjoining owner for comment/approval.

 Movement monitoring

It may be appropriate to monitor the party wall and adjoining buildings. The building owner’s
surveyor/engineer should submit proposals to the adjoining owner for comment/approval.

 WSP involvement

As building professionals, we will need to ensure that clients, when they are the Building Owner,
are aware of the Act so that its implications can be considered at an early stage in the
commission.

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Fees and expenses incurred by the Adjoining Owner’s advisers are normally defrayed by the
Building Owner, but it is important for amounts to be shown in the Party Wall Award document or
similar written notices/agreement correspondence (this will normally be recognised as evidence in
a Magistrate’s Court).

The implications of Party Wall Works should be carefully described and detailed in the building
contract.

Although a Schedule of Conditions is not required by the Act, it would be unwise to proceed with
the works without such a document in place and also supported by photographs.

 Documentation

There are no special forms to be used under the Act, but suggested models that may be
photocopied and adapted to suit the specific situation are given in The Party Wall Act Explained
published by the Pyramus & Thisbe Club, these include:
 Suggested Letters of Appointment of Surveyors
 Line of Junction Notice
 Party Wall Notice
 Acknowledgement of Party Wall Notice
 Three metre/ six metre notice
 Acknowledgement of three metre/six metre notice.

REFERENCES AND FURTHER READING

The Party Wall etc Act 1996, HMSO (www.hmso.gov.uk/acts.htm )

The Party Wall etc Act 1996 – explanatory booklet, 36 pp, ODPM (free download from
www.odpm.gov.uk/buildingregulations/partywallact )
A readily accessible starting point.

The Party Wall Act Explained, The Pyramus & Thisbe Club (referred to as 'The Green Book').

Party wall legislation and procedure – a guidance note, published by RICS.

Architect's Guide to Job Administration, Party Wall etc Act 1996, published by RIBA.

Engaging an Architect: Guidance for clients on party wall procedures, The Party Wall etc Act
1996, published by RIBA.

KEYWORDS

Building regulations; legislation; party walls.

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Author: unknown, rev 6 reviewed by Tony Ferguson, London

Sponsor: Group Technical Centre

Revision record
11/97 Revision 5.
2/05 Revision 6, additional references.

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