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GUIDE TO
The Party Wall etc. Act 1996
If you’re planning construction or renovation work on your property, understanding the Party Wall etc. Act 1996 is crucial. This UK legislation ensures that adjoining property owners are protected when one owner undertakes certain types of building work. At Rellim Surveyors, we’re here to guide you through this process, offering expert advice and services to make compliance straightforward and stress-free.


What Is the Party Wall etc. Act 1996?
The Party Wall etc. Act 1996 provides a framework for preventing and resolving disputes between neighbours over party walls, boundary walls, and excavations near adjoining properties. The Act applies to England and Wales and aims to protect both parties—the building owner undertaking the work and the adjoining owner—by ensuring that construction work is carried out responsibly and with minimal disruption.
The Party Wall Act applies in three key scenarios:
When Does the Act Apply?

Work on an Existing Party Wall or Structure:
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Alterations, repairs, or demolitions affecting a shared wall.
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Increasing the height or thickness of a party wall.
Building Along the Boundary Line:
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Constructing a new wall on the boundary between two properties.
Excavation Near a Neighbouring Property:
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Excavating within 3 meters of an adjoining structure if the work goes below its foundation level.
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Excavating within 6 meters if the work intersects a 45-degree line from the neighbouring foundation.
The Party Wall Act also covers:
What Else Does the Act Encompass?
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Enclosure Costs: If a building owner builds a new party wall, the adjoining owner may later choose to use it. The adjoining owner may be required to contribute to the cost of construction, known as enclosure costs.
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Access Licences: The Act grants the building owner a legal right of access to the adjoining owner’s property if necessary to carry out work on a party wall or boundary. This right is limited and must be exercised responsibly, ensuring minimal disruption.

While a party wall surveyor plays a crucial role in resolving disputes and ensuring compliance with the Act, there are certain matters they typically do not handle:
What a Party Wall Surveyor May Not Handle

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Planning Permission: The surveyor does not deal with planning consent for the proposed works. This remains the responsibility of the building owner.
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Building Regulations Compliance: Ensuring that construction complies with building regulations is separate from party wall matters.
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Private Agreements: Issues unrelated to the party wall, such as personal agreements or disputes between neighbours, are outside the surveyor’s remit.
Here’s a detailed breakdown of the process:
The Party Wall Process: Step by Step
Serving a Party Wall Notice:
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The building owner serves a notice to all adjoining owners at least two months before work begins on a party wall or one month before excavation.
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The notice must include a description of the proposed works, start date, and plans.
Response from Adjoining Owners:
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The adjoining owner has 14 days to respond.
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Consent: If they agree, the work can proceed without a formal agreement.
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Dissent: If they dissent or fail to respond, a party wall surveyor must be appointed.
Appointment of Surveyors:
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Both parties can appoint their own surveyors, or agree on a single surveyor to act impartially.

Drafting the Party Wall Award:
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The surveyor(s) prepare an award detailing the work, protective measures, and dispute resolution mechanisms.
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The award includes a schedule of condition to document the state of the properties before work begins.
Carrying Out the Work:
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The building owner proceeds with the construction in compliance with the award.
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Surveyors may monitor the work to ensure adherence to the agreed terms.
Post-Work Inspection:
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After the work is completed, the surveyor(s) may inspect the properties to confirm no damage has occurred. Any disputes are addressed according to the award.
Here’s a detailed breakdown of the process:
What Each Party Can Expect

Building Owner:
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Responsibility for serving notices and covering surveyor fees (in most cases).
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Legal rights to carry out lawful work while protecting adjoining properties.
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Compliance with the award and mitigation of potential disputes.
Adjoining Owner:
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Right to be notified and to appoint a surveyor.
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Assurance that their property will be protected.
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Opportunity to contest or agree to the proposed works through a structured process.
Contact Rellim Surveyors Today
Navigating the Party Wall etc. Act 1996 can be complex, but Rellim Surveyors are here to help. Our experienced team provides expert advice and tailored solutions to ensure your project stays on track.
Protect your property and ensure peace of mind with Rellim Surveyors. Contact us now
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