Function of the Party Wall Act
The Party Wall etc. Act 1996 establishes an approach for neighbours to peacefully manage conflicts regarding party walls, party structures, party fence walls and sometimes boundary walls as well as works which may affect neighbouring building foundations.
It is national legislation which defends neighbours’ rights while creating proper legal procedures for building tasks adjacent to residential properties.
Through the Party Wall etc Act 1996, Building Owners receive rights outside of standard common law to perform specific construction operations mentioned in the legislation. Builders can start construction projects whilst minimising the impact on neighbours by virtue of the Act.
Building Owners must serve formal Notices on Adjoining Owners prior to construction work according to legal requirements which enable Adjoining Owners to gain professional representation from a Party Wall Surveyor London specialist.
Below is a graphical overview that explains what happens during the Party Wall procedure between Building Owners and Adjoining Owners. You can access each flowchart for no charge by clicking the following links:
Party Wall Process for Building Owners
Party Wall Process for Adjoining Owners
Who is an Adjoining Owner?
An Adjoining Owner describes any person who owns land, buildings, or rooms adjacent to the building owner.
According to section 6 of the Act, a property will be considered adjoining if it stands within the specified distance (3-6 metres) even if it technically does not share a border.
Under the Act’s definition, an Adjoining Owner may consist of a freehold owner or a leasehold owner or various other parties that hold ownership rights to adjacent land.
Who is an Adjoining Owner’s Surveyor?
This is the surveyor appointed by the Adjoining Owner.
A duty exists for Building Owners to independently notify every Adjoining Owner of each adjoining property according to the provisions of the Act.
If an Adjoining Owner dissents to the notice, they would have to appoint a commercial or residential party wall surveyor. They become known as the Adjoining Owner’s Surveyor.
How does the Party Wall Act work?
The Party Wall etc. Act 1996 divides its process into two phases beginning with the Notifying Phase followed by the possible Disputed Phase if required.
Building Owners must produce an official Notice for Adjoining Owners which explains their intended construction works.
The Party Wall etc. Act 1996 ends at this point only when Adjoining Owners have provided written agreement for works to proceed without the need for inspectors to be appointed.
If the Adjoining Owners show disapproval or fail to respond to the Building Owners’ Notice about proposed works, then a dispute has arisen, thus enabling the Party Wall etc. Act 1996 to create a resolution pathway for the Building Owners to conduct their work with mutual protection for both parties via the appointment of inspectors.
The occurrence of a “dispute” by law requires Building Owners together with Adjoining Owners to appoint commercial or residential Party Wall Surveyors London experts for resolving the disagreement.
Agreed Surveyor
The same inspector may act for both parties, in which case he/she would be known as the Agreed Surveyor, or both sides may select their own individual inspectors to handle the Party Wall Dispute Resolution London process by making an Award.
Shared appointment of an Agreed Surveyor representative by Building Owners and Adjoining Owners becomes possible based on mutual agreement. Both parties receive independent protection for their interests and rights from an impartial service, as your inspector is required to act independently.
Do I need to follow the Party Wall Act if I already have Planning Permission or Building Control Approval?
The Party Wall etc. Act 1996 exists independently from both the Town and Country Planning Act 1990 and the Building Act 1984. The Party Wall Act processes must be followed if your planned works need to be deemed as notifiable under this legislation. Serving a Party Wall Notice on your neighbours remains compulsory regardless of Local Authority permissions or approvals.
The separate statutory control of planning permission exists outside the coverage of the Party Wall etc Act 1996. The Act does not demand planning permission for all the building works covered under its authority.
Building projects need planning permission assessment according to guidance which you can find on the Planning Portal site. Building Control approval remains outside the scope of the Party Wall Act.
Does the Party Wall Act cover Garden Fence?
No. A Party Fence Wall is only covered by the Party Wall Act if it is made of masonry. Party Fence Walls are fixed walls built astride the legal boundary and which remain outside of the buildings.
The Party Wall Act applies to Party Fence Walls to the same extent that it applies to standard Party Walls. The Act fails to recognise pre-cast concrete post fencing with infill panels or timber fencing or fencing made from other materials as Party Fence Walls regardless of their boundary placement.
