Adjoining Owners

Adjoining Owners and the Party Wall Act 1996: A Detailed Explanation

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The Party Wall etc. Act 1996 is a legal framework in England and Wales designed to prevent and resolve disputes between property owners regarding shared walls, boundary structures, and certain excavation works. It applies to works affecting a party wall, boundary, or nearby excavation and ensures that adjoining owners are properly notified and protected.

Who are Adjoining Owners?

An adjoining owner is any person who owns land, buildings, or property next to or near the property where the proposed construction work is taking place. This includes:

• Freeholders
• Leaseholders (with leases over a year)
• Tenants (depending on their lease agreements)
• Local authorities and property management companies (for flats and communal spaces)

If there are multiple owners (e.g., in a block of flats), each affected owner must be notified under the Act.

What is a Party Wall?

A party wall is a shared wall between two properties, usually found in:

• Terraced or semi-detached houses
• Flats with common walls
• Garden walls that are built along the boundary

There are three types of structures covered by the Act:

1. Party Wall (Type A) – A wall standing on the land of two owners, forming part of a building.
2. Party Wall (Type B) – A wall that is on one owner’s land but separates two properties (like a garden wall).
3. Party Structures – Shared floors or ceilings in flats and apartments.

Types of Work Covered by the Act

The Act applies when a building owner (the one initiating work) wants to carry out:

1. Work on an existing party wall, such as:

   • Cutting into it to install beams (e.g., for loft conversions)
   • Raising the height of the wall
   • Making the wall thicker or demolishing/rebuilding it
   • Underpinning (strengthening the foundation)

2. Building a new wall on the boundary between two properties.

3. Excavation near a neighbour’s foundation (within 3 or 6 meters, depending on depth).

If any of these works are planned, the building owner must serve a Party Wall Notice to the adjoining owner.

Party Wall Notice

Before starting work, the building owner must notify the adjoining owner(s) in writing, usually at least 2 months in advance for party wall works and 1 month for excavation work.

The notice should include:

• Full details of the proposed work
• Start date of the work
• Plans and drawings (if applicable)
• The impact of the work on the adjoining property

The adjoining owner has 14 days to either:

1. Agree (Consent) – If they have no concerns, work can proceed.
2. Disagree (Dissent) – This leads to the appointment of a Party Wall Surveyor.

Party Wall Surveyors and Awards

If an adjoining owner disagrees, both parties must appoint a Party Wall Surveyor, who will:

• Assess the work's impact
• Ensure legal compliance
• Create a Party Wall Award (a legal document setting out terms, conditions, and protections)

Each owner can appoint their own surveyor, or they can agree on a single Agreed Surveyor to reduce costs.

The Party Wall Award includes:

• Work details and schedules
• Protection for the adjoining owner
• Resolution procedures for disputes
• Compensation for any damages caused

The surveyor’s decision is legally binding, but either party can appeal within 14 days.

Rights and Responsibilities of Adjoining Owners

Adjoining owners have rights under the Act, including:

• The right to dispute and appoint a surveyor
• The right to request work modifications for safety
• Protection against unnecessary damage or inconvenience
• The right to compensation for damages caused by the work

However, adjoining owners cannot stop work without valid reasons—the Act is meant to regulate fair construction, not block necessary improvements.

Failure to Follow the Act

If a building owner does not serve notice or comply with the Act:

• The adjoining owner can seek a court injunction to stop the work.
• The building owner may be liable for damages or legal costs.

Conclusion

The Party Wall etc. Act 1996 is crucial in maintaining good neighborly relations while allowing necessary construction work. Adjoining owners play an important role in this process, as their rights are protected by the Act. Clear communication and proper legal procedures help avoid disputes and ensure a fair outcome for all parties involved.

Would you like help drafting a Party Wall Notice? 

Click Here for Instant quotation 

Or Call the Surveyor direct on 07764 589 804 

Or call the Office on 0207 118 4331  Open 9-9 x 7 days a Week     Email info@locallondonsurveyors.co.uk