The Party Wall Act 1996 provides a legal framework for preventing and resolving disputes between neighbours over building work on or near shared boundaries (or ‘party wall’) – requiring you to tell your neighbours about works you wish to carry out or if access maybe required to your neighbour’s property for works to be undertaken to your property.
However, many property owners and developers are not clear on what the Act says and what it requires of them, which can cause disputes and costly delays.
Understanding the most common errors can help you stay on the right side of the law and maintain good relationships with your neighbours.
Failing to serve proper notice
One of the most common mistakes is failing to provide adequate notice of potential building work.
The Party Wall Act requires that you inform your neighbour in writing at least two months before works that fall under the Act starts, with not more than a year’s notice.
This is to give your neighbour adequate time to review the notice and respond with consent within 14 days, or to begin the dispute process.
Assuming the Act doesn’t apply
Another frequent error is assuming that the Party Wall Act does not apply to their specific project.
This often happens with smaller developments, such as building a garden wall or loft conversion, where property owners believe the Act is irrelevant.
There is also the assumption among some property owners that ‘party wall’ refers only to the walls of a building.
Walls which sit at the boundary between two properties are considered party walls whether they are part of a building or not, such as garden walls and fences.
It is best to act with caution and assume that, if you are carrying out work near a wall that is shared with another property, or if you plan to excavate within three metres of a neighbour’s building, the Act will likely apply.
Not waiting for consent
Even after you have served notice under the Act, you must wait for your neighbour to give written consent – or deny consent and begin the dispute process.
If your neighbour does not agree, you may need to appoint a surveyor – either yourself or between the two of you – who will agree on a ‘party wall award’. This decides what work will happen, when and is legally binding.
Failure to wait for consent could be costly, or at least cause significant delays.
Not keeping communication open
Many disputes can be avoided through clear and early communication with your neighbour. Failing to discuss your plans can lead to misunderstandings, suspicion, and objections.
By being transparent about your intentions and keeping communication channels open, you increase the likelihood of receiving consent and maintaining a positive relationship with your neighbour throughout the project.
If you need further guidance on the Party Wall Act and how to stay compliant, please contact our specialist team today.