PARTY WALL & BOUNDARY MATTERS
Whether you are planning building works or have received a Party Wall Notice from a neighbour, the Party Wall etc. Act 1996 may apply to you.
If you are building an extension, converting your loft, removing a chimney breast or excavating for new foundations near a neighbouring property, you may be legally required to serve notice.
If you have been served notice, it means your neighbour is proposing works that could affect your property.
The Act exists to protect both parties. It allows works to proceed while ensuring neighbouring properties are safeguarded.
Importantly, this is separate from planning permission and Building Regulations. Even if these are in place, the Party Wall process may still be required.
Party Wall etc. Act 1996
When Does It Apply?
The Act usually applies where works involve:
• Building on or up to a boundary
• Altering a shared (party) wall
• Excavating close to neighbouring foundations
If you are carrying out this type of work, you must formally notify your neighbour before starting.
If you have received notice, the proposed works will fall into one of these categories.
What Happens Next?
If you are serving notice, your neighbour has 14 days to respond.
If you have received notice, you must respond within 14 days.
In either case, the options are the same:
• Consent to the works, allowing them to proceed
• Dissent and appoint a surveyor (either jointly agreed or separately appointed)
Dissenting does not stop the works. It triggers the preparation of a legally binding document called a Party Wall Award, which sets out how and when the works will be carried out and records the condition of the adjoining property.
If you are carrying out the works, you are normally responsible for the reasonable surveyors’ fees.
If you have been served notice, the Act generally protects you from having to pay these professional costs.
Why It Matters
If you start notifiable works without serving the correct notice, you risk delays, legal action and disputes.
If you ignore a notice you have received, a formal dispute is automatically triggered and you lose early control over the process.
Following the correct procedure from the outset keeps projects on track and protects both parties.
HERE TO HELP
An opening discussion, not only in relation to condition, is important but, in these changing times, reviewing possible development potential can also be extremely beneficial.
Our discussions are fluid, practical and focused on your objectives, and we are always on hand to help and guide you.
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Email: info@cowieconsulting.net
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