Party walls: business development briefing
This business development briefing just provides an overview of the law in this area. You should talk to a lawyer for a complete understanding of how it may affect your particular circumstances.
This business development briefing highlights the key features of the law that governs work on a party wall. It summarises the steps for existing walls, new walls and excavation works. It also explains the consequences of failing to follow the correct procedures.
What is a party wall?
The most recognisable party wall is a wall that forms part of a building owner’s building and stands on a boundary between the building owner’s land and the land of an adjoining owner. However, party structures can also include garden walls, vertical or horizontal walls, and floors or ceilings between flats and maisonettes.
The building owner must give notice
The building owner must give notice to all adjoining owners of any planned works. The notice requirements will depend on the type of work that is being undertaken. For example, a notice may be required for excavation works up to six metres from the property’s boundary.
Existing walls |
New walls |
Excavation |
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Notice required |
2 months. |
1 month. |
1 month. |
Counter-notice |
Within 1 month. |
N/A |
Within 14 days. |
Content of counter-notice |
Adjoining owner seeks additional works. |
N/A |
Adjoining owner seeks foundations to be strengthened. |
Agreement |
Carry out works. |
Build wall on boundary. |
Begin excavation. |
Dispute |
Refer to surveyors. |
Build the wall on the building owner’s land or refer to surveyors. |
Refer to surveyors. |
Security for expenses |
Adjoining owner must serve notice on the building owner if security is required. |
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Appoint party wall surveyors |
Parties elect to appoint an agreed party wall surveyor, or separate party wall surveyors who then agree on the appointment of a third party wall surveyor. |
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A party wall award provides |
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Costs of award |
The party wall surveyor will decide who is liable for the expenses and seek payment before serving the award on the parties. |
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Appeal |
Either party may appeal to the court within 14 days of the service of the award. |
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Written consent |
Written consent is always needed for sinking special foundations on the adjoining owner’s land. |
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Right of entry |
14 days’ notice should be given by the building owner to the adjoining owner, except in emergencies. |
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Execution of the works |
Begin to carry out works diligently within 12 months of the date of the notice. |
Build wall on building owner’s land unless agreed to build on boundary. |
Begin to carry out works diligently within 12 months of the date of the notice. |
Serve an account |
The building owner must serve an account within 2 months of the completion of the works, if the adjoining owner is liable for part of the expenses. |
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Payments |
The property in all works remains vested in the building owner until the adjoining owner settles its share of the expenses. |
Consequences of failing to follow the correct statutory procedures
Failure to serve a notice
A building owner will be in breach of the statutory procedure if they:
Legal remedies available to the adjoining owner
In most cases a failure to serve notice on an adjoining owner can be resolved by the building owner stopping the work and following the correct procedures. However, where necessary, there are legal remedies that are available to the adjoining owner:
Failure to appoint a surveyor
If one party will not consent to the appointment of an agreed party wall surveyor, but fails to appoint a party wall surveyor of their own, then the other party can make an appointment on their behalf.
Right of access: refusal to give access
Building owner goes beyond the remit of the party wall surveyor’s decision
If a building owner goes beyond the remit of the party wall surveyor’s decision and causes loss or damage by carrying out works, the building owner may be sued for damages.