Legal Requirement: The Party Wall Act 1996 is mandatory legislation governing building work that affects shared walls, boundaries, or excavations near neighbouring properties. This guide provides comprehensive legal compliance information for Kent property owners.
1 Understanding the Party Wall Act 1996
The Party Wall Act 1996 came into force across England and Wales on 1 July 1997, replacing the older London Building Acts. It provides a framework for preventing and resolving disputes in relation to party walls, boundary walls, and excavations near neighbouring buildings.
What the Act Covers
- Party walls: Walls shared between properties
- Party fence walls: Walls on boundaries between properties
- Excavations: Digging within 3m (or 6m if deeper) of neighbouring foundations
- New buildings: On the line of junction with neighbours
Legal Principles
- Statutory right: Property owners have the right to carry out certain work
- Neighbour protection: Safeguards against damage and inconvenience
- Dispute resolution: Formal process for resolving disagreements
- Cost allocation: Building owner typically pays all reasonable costs
Important: The Act is Criminal Law
Failing to serve proper party wall notices where required is a criminal offence that can result in an injunction to stop work and significant legal costs. The Act provides a statutory framework that must be followed - it's not optional.
Recent court cases have reinforced that "ignorance of the law is no excuse" and retrospective consent is extremely difficult to obtain.
2 When Party Wall Notice is Required
The Party Wall Act applies to specific types of building work. Understanding exactly when notices are required helps avoid costly legal complications and project delays.
Section 1: Works to Existing Party Walls
Works That Require Notice:
- Cutting into party walls for beam insertions
- Removing chimney breasts from party walls
- Raising, thickening, or underpinning party walls
- Installing damp proof courses in party walls
- Weather-proofing party walls
Works That DON'T Require Notice:
- Drilling small holes for shelves/pictures
- Plastering or decorating party walls
- Electrical work that doesn't cut into the wall
- Minor repairs that don't affect structure
Notice Period: 2 months minimum
Section 1 notices must be served at least 2 months before work commences. The notice expires after 12 months if work hasn't started.
Section 2: New Building Work on Boundaries
Typical Section 2 Works:
- • Building new walls up to boundary lines
- • Constructing extensions against party fence walls
- • New buildings where foundations approach the boundary
- • Garage or outbuilding construction on boundaries
Notice Requirements:
- • 1 month minimum notice period
- • Must include detailed plans and specifications
- • Notice expires after 12 months
- • Can be served simultaneously with planning applications
Section 6: Excavations Near Neighbouring Buildings
Distance Rules:
- • Within 3 metres: Excavating deeper than neighbouring foundations
- • Within 6 metres: Excavating deeper than a line drawn at 45° from neighbour's foundations
- • Applies to basements, swimming pools, deep foundations
Requirements:
- • 1 month minimum notice period
- • Structural calculations usually required
- • May need underpinning of neighbouring foundations
- • Professional engineering advice essential
3 The Party Wall Notice Procedure: Step-by-Step
The party wall procedure follows a strict legal timeline. Understanding each step ensures compliance and helps avoid disputes with neighbours.
Serve Formal Notice
Legal Requirements:
- • Must be in writing (statutory forms available)
- • Served on all adjoining owners
- • Include full details of proposed work
- • State proposed start date
- • Delivered by hand, recorded delivery, or left at property
Pro Tip: Always serve notices on the legal owners of neighbouring properties, not tenants. Land Registry searches may be necessary to identify correct owners.
Neighbour Response Period
14-Day Response Window:
Neighbour Can:
- • Give written consent
- • Serve counter notice with additional requirements
- • Dissent (refuse consent)
- • Do nothing (deemed dissent)
If Consent Given:
- • Work can proceed as planned
- • No surveyors needed
- • Building owner still liable for any damage
- • Good neighbour relations maintained
Surveyor Appointments
If Consent Not Given:
Option 1: Agreed Surveyor
Both parties agree to appoint a single surveyor to act for both sides
Option 2: Two Surveyors + Third Surveyor
Each party appoints their own surveyor, who then select a third surveyor
Party Wall Award
Award Content:
- • Detailed description of permitted works
- • Times and methods of working
- • Access requirements and arrangements
- • Condition surveys of neighbouring property
- • Insurance and indemnity requirements
- • Dispute resolution procedures
Work Commences
Compliance Requirements:
- • Work must follow award conditions exactly
- • Regular liaison with appointed surveyors
- • Prompt notification of any variations
- • Careful monitoring of neighbouring property
4 Party Wall Surveyor Roles & Responsibilities
Party wall surveyors have specific legal duties and must act impartially, even when appointed by one party. Understanding their role helps ensure proper compliance and dispute resolution.
Agreed Surveyor
- Appointed jointly by both building owner and adjoining owner
- Acts impartially for both parties with equal duty to each
- Most cost-effective option as only one surveyor's fees
- Faster process with single decision-maker
Best for: Straightforward projects where parties maintain good relationships and trust a single professional.
Two Surveyors + Third
- Each party appoints their own surveyor
- Third surveyor appointed jointly to resolve disputes
- Greater protection for each party's interests
- Professional advocacy for complex or disputed matters
Best for: Complex projects, strained relationships, or where significant damage risk exists.
Key Surveyor Responsibilities
Investigation
- • Review proposed works
- • Inspect both properties
- • Assess potential impacts
- • Consider technical solutions
Documentation
- • Prepare party wall awards
- • Conduct condition surveys
- • Document work methods
- • Record any variations
Resolution
- • Mediate between parties
- • Resolve disputes quickly
- • Ensure compliance
- • Handle compensation claims
Choosing the Right Party Wall Surveyor
Essential Qualifications:
- • RICS chartered surveyor with party wall specialism
- • Specific party wall act training and experience
- • Professional indemnity insurance (minimum £1m)
- • Local knowledge of Kent building practices
- • Good reputation and references available
Red Flags to Avoid:
- • Non-qualified individuals offering party wall services
- • Unusually low fees (quality concerns)
- • Lack of specific party wall experience
- • Poor communication or availability
- • No professional indemnity insurance
6 Party Wall Costs, Fees & Who Pays What
Understanding party wall costs helps budget properly for projects. The building owner typically pays all reasonable fees and expenses incurred under the Act.
| Service | Agreed Surveyor | Two Surveyors | Who Pays |
|---|---|---|---|
| Straightforward Residential (e.g., loft conversion) | £800-£1,200 | £1,500-£2,500 | Building Owner |
| Complex Extension Work | £1,200-£2,000 | £2,500-£4,000 | Building Owner |
| Basement/Excavation Works | £2,000-£3,500 | £4,000-£7,000 | Building Owner |
| Commercial/Large Projects | £3,500-£8,000 | £7,000-£15,000 | Building Owner |
Additional Costs
- Condition surveys: £300-£800 per property
- Structural calculations: £500-£2,000
- Land Registry searches: £50-£100
- Legal documentation: £200-£500
- Site monitoring visits: £150-£300 each
Cost-Saving Tips
- Maintain good relations: Neighbourly consent avoids all surveyor costs
- Agreed surveyor: 40-50% cheaper than two surveyors
- Early planning: Avoid rushed proceedings and premium charges
- Clear communication: Detailed notices reduce back-and-forth
- Efficient process: Well-organized projects reduce surveyor time
Who Pays What: Legal Requirements
Building Owner Pays:
- • All party wall surveyor fees (both parties' surveyors)
- • Third surveyor fees if appointed
- • Condition surveys of neighbouring properties
- • Any damage repairs or compensation
- • Reasonable legal and professional costs
Adjoining Owner Pays:
- • Nothing (unless they request additional work)
- • Own legal advice costs (if seeking independent counsel)
- • Enhanced work requests beyond basic requirements
Important: The building owner cannot recover party wall costs from the adjoining owner, even if the adjoining owner unreasonably refuses consent.
8 Practical Advice & Common Issues
Best Practices for Success
Before Starting:
- • Talk to neighbours early about your plans
- • Provide detailed drawings and specifications
- • Offer to meet and discuss any concerns
- • Consider timing of works to minimize disruption
- • Get professional advice if unsure about requirements
During Works:
- • Maintain regular communication with neighbours
- • Follow award conditions exactly
- • Keep detailed records of all work
- • Report any problems to surveyors immediately
- • Be considerate with noise and access
Common Problems & How to Avoid Them
Problem: Starting Work Without Proper Notices
Risk: Injunction to stop work, legal costs, relationship breakdown
Solution: Always get professional advice before starting any work near boundaries or party walls
Problem: Inadequate Notice Descriptions
Risk: Notices deemed invalid, delays, additional costs
Solution: Use detailed drawings and specifications, include all relevant information
Problem: Poor Neighbour Communication
Risk: Unnecessary disputes, increased costs, project delays
Solution: Engage early, be transparent, address concerns proactively
Expert Tips from Kent Party Wall Specialists
Planning Stage:
- • Factor 3-4 months for party wall process in project timeline
- • Budget 1-3% of project cost for party wall fees
- • Consider party wall implications at design stage
- • Check if works can be redesigned to avoid party wall requirements
Implementation:
- • Appoint experienced party wall surveyors early
- • Ensure contractors understand award requirements
- • Document everything thoroughly with photos
- • Address any damage claims promptly and fairly
When to Seek Professional Help
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