The Party Wall Act: rights and responsibilities for homeowners
What the Party Wall Act lets you do, what it requires of you, and how it protects your neighbour.
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In short
The Act gives building owners the right to carry out certain work to party walls and near the boundary, even if a neighbour objects, as long as notice is served and the process is followed. In return, building owners must avoid unnecessary inconvenience, make good any damage and usually pay the costs.
Building owner's rights
- Carry out notifiable work after notice and, where needed, an award
- Access the neighbour's land when needed for the work, on 14 days' notice (except in an emergency)
- Place projecting footings under the neighbour's land for a new wall on the boundary, where necessary
Building owner's responsibilities
- Serve valid notices in time
- Avoid causing unnecessary inconvenience
- Make good or compensate for damage
- Normally pay surveyors' costs
- Provide temporary protection where the work exposes the neighbour's property
Adjoining owner's rights
- Respond to notices and appoint a surveyor
- Serve a counter notice asking for extra work for their own benefit
- Ask for security for expenses in some cases
- Claim compensation for loss or damage caused by the work
- Appeal an award to the county court within 14 days
Both owners
Every surveyor appointed under the Act must act impartially. The award binds both owners, so it's worth reading carefully and asking questions before work starts.
Common questions
Can my neighbour stop my extension?
No. The Act doesn't give a veto over notifiable work. It controls how the work is done and protects the neighbour's property.
Source: Party Wall etc. Act 1996 (applies in England and Wales).
Planning work near a neighbour?
Speak to a chartered surveyor before you start, not after.
