About the Act: Common Questions

Common Questions

What is a party wall?

In general, any wall which is used by more than one owner is a party wall. For example, the wall shared by you and your neighbour which separates your houses.

Do I need to serve notice?

You must inform all adjoining owners if you wish to carry out any of the works notifiable under the Act, even if this involves cutting only into your side of the wall. Although there is no enforcement procedure if you do not serve notice, your neighbour may attempt to stop your work through a court injunction.

How do I inform the adjoining owner?

Notice is to be given in writing, and must contain certain information in order to be valid. This includes your name, the address of the building to be worked on, a full description of what you propose to do and when you propose to start. 

It is best to discuss the work in full with your neighbours before giving notice.

Why do I need a Party Wall Surveyor?

At the beginning of the process, we can help to serve valid notices and offer advice. 

In the event of a dispute, Party Wall Surveyors will draw up a legal document called a Party Wall Award. This document will list the work to be done and how it should be carried out, in a way which balances the interests of both parties.

Who will pay the fees?

In most cases, the Building Owner who is carrying out the works will pay. This includes paying the fees for the adjoining owner’s surveyor.

When do I need to serve notice?

One month for excavation works or new walls constructed at the boundary. 

2 months for work that affects a shared wall or floor

Can my neighbour use the Act to stop my work going ahead?

Your neighbour cannot stop you using the rights given to you by the Act, but could ask to adjust how and at what time work takes place.

What is a Party Wall Award?

The ‘Award’ is a legal document which describes the works, and how they are to be carried out.