What does the Party Wall Act mean for a builder?
The Party Wall etc. Act 1996 (England and Wales) puts the duty to serve notice on the building owner, not the builder. Before you start, still check that the right notices have been served, the time has run, and any award or written consent is in hand.
Who does what
The Building Owner has to give the Adjoining Owners notice of the work. A surveyor can serve it for them if the owner gives written authority. A notice can be handed over, posted, or emailed if the neighbour has agreed to that.
The Act does not name the builder, but it does not let the owner off if things go wrong. The Building Owner must avoid unnecessary inconvenience, provide temporary protection where it is needed, and is responsible for damage even if the damage is caused by the contractor.
Which notice, and how much notice
The three notices builders meet most are these. Each period is counted back from the planned start date.
- Section 1, a new wall on the boundary: one month. The neighbour needs to consent in writing. Without consent, the wall has to be built wholly on the owner's own land.
- Section 2, work to an existing party wall, such as cutting in beams, raising it, damp-proofing, underpinning or demolishing and rebuilding: two months. This applies even where the work does not go beyond the centre line of the wall.
- Section 6, excavation near a neighbouring building: one month. It applies within 3 metres if you dig deeper than the neighbour's foundations, or within 6 metres if the excavation cuts a line drawn down at 45 degrees from the bottom of their foundations. The notice must say whether their foundations will be strengthened or safeguarded, and include plans and sections.
If the programme moves forward, check that the notice period still holds before the gang turns up.
After the notice goes out
The neighbour should reply within 14 days. For work under sections 2 and 6, if they do not, a dispute is treated as having arisen.
A dispute is settled by surveyors, either one agreed surveyor or one for each owner, with a third if needed. Owners cannot act as their own surveyor. The surveyors make an award that is fair and impartial. It sets out what work is allowed, how and when it is done, and what protection is needed, and it often includes a schedule of condition. The Building Owner usually pays the costs.
The award is final and binding unless the county court changes it. Either owner has 14 days from service of the award on them to appeal.
Check before you start
Ask the client or their surveyor for copies, and look for these:
- a notice for each section the work falls under, covering the work you are about to do
- proof the notice period has run, or the neighbour's written consent or an award
- the award itself, so the gang knows the method, times and protection it sets
- a schedule of condition, and the date it was taken
- a date agreed for access if you need to work from the neighbour's side
Keep copies on the job file. If the work changes from what the notice described, tell the client.
Schedule of condition and photos
A schedule of condition is a record of the neighbour's property before work starts, usually written and photographed. The Act does not require one, but the GOV.UK booklet calls it most prudent. Many awards include one.
Whoever takes it, photograph the walls, ceilings, cracks and finishes that sit near the work, with dates, and keep the originals. If a crack appears later, a dated record helps settle it.
Access to the neighbour's land
Neighbours must let workmen and surveyors in when necessary, but 14 days' notice has to be given, except in an emergency.