Party wall act 1996: what is the party wall act 1996 for, the party wall etc act 1996 and the party wall etc. act 1996 as it is actually cited, and the party wall act explained in the order a job meets it

The Act is short, and reading it end to end takes about half an hour, but almost nobody meets it that way. People meet it as a sentence in a builder's quote or a planning consultant's letter, usually with a start date already agreed. What follows is the Act in the order a real job meets it, from the work that triggers it to the award that ends it. Its full title is the Party Wall etc. Act 1996, and the etc. is doing real work: excavation near a neighbour's foundations is covered even where no shared wall is involved.

What the Act is for

It solves an old problem: two owners share a structure, one of them wants to change it, and the common law left them either blocked or in court. The Act instead gives the building owner a defined set of rights over the shared structure, and gives the adjoining owner notice, a say in how the work is done, a surveyor, and compensation for damage. It is a procedure, not a permission scheme. Nobody grants or refuses consent in the planning sense, and no council is involved.

The three triggers

Work to the shared structure itself, which is the party structure notice route. Building a new wall on or at the boundary where nothing is built now, which is the line of junction route. And excavating near the neighbour's building below the level of its foundations, which is the adjacent excavation route. A loft conversion with a rear extension routinely triggers two of the three at once, and each notice goes to each adjoining owner separately.

What happens after the notice

The adjoining owner consents in writing, or does not. Silence is not consent: the Act deems a dispute to have arisen, and a deemed dispute is procedurally identical to an angry one. From there the two owners either appoint one agreed surveyor between them or one each, and the surveyors publish an award saying how the work will be done, when, and who pays. The award binds both owners and can be appealed to the county court within a short window.

Questions people ask about party wall act 1996

Is the Act the same as planning permission or building regulations?

No, and the three are independent. You can have planning permission and building regulations approval and still be in breach of the Act, and serving a notice does nothing at all for your planning application.

What if I do the work without serving notice?

You lose the protection the Act gives you and the rights it confers. The adjoining owner's remedies are through the courts rather than through an award, which is worse for everybody, and you have no schedule of condition to answer a damage claim with.

How is the Act cited?

As the Party Wall etc. Act 1996, chapter 40. You will also see it written without the full stop after etc., and both spellings mean the same statute. The text is on legislation.gov.uk and is the thing to read rather than any summary, including this one.

Sources

Related answers

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