Party Walls

This business briefing highlights the key features of the law that governs work on a party wall. It summarises the steps for existing walls, new walls and excavation works. It also explains the consequences of failing to follow the correct procedures.

What is a party wall? The most recognisable party wall is a wall that forms part of a building owner’s building and stands on a boundary between the building owner’s land and the land of an adjoining owner. However, party structures can also include garden walls, vertical or horizontal walls, and floors or ceilings between flats and maisonettes.

The building owner must give notice: The building owner must give notice to all adjoining owners of any planned works. The notice requirements will depend on the type of work that is being undertaken. For example, a notice may be required for excavation works up to six metres from the property’s boundary.

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Failure to serve a notice: A building owner will be in breach of the statutory procedure if they:

• Fail to serve a notice
• Fail to serve the right notice
• Serve the notice on the wrong recipient

Legal remedies available to the adjoining owner: In most cases a failure to serve notice on an adjoining owner can be resolved by the building owner stopping the work and following the correct procedures. However, where necessary, there are legal remedies that are available to the adjoining owner:

• If a building owner persistently refuses to follow the correct procedure the adjoining owner may seek an injunction. An injunction is a court order that, if granted, will prohibit the building owner from continuing the building work

Claiming compensation. In some instances an injunction will not be appropriate (for example, where the building owner’s works have already reached completion). In this situation, the adjoining owner may bring court proceedings against the building owner and seek compensation (damages) for their failure to serve a notice.

Failure to appoint a surveyor: If one party will not consent to the appointment of an agreed party wall surveyor, but fails to appoint a party wall surveyor of their own, then the other party can make an appointment on their behalf.

Right of access: refusal to give access

• If a person is entitled to carry out work and has given 14 days’ notice of the proposed entry, it is an offence for an adjoining owner to:
  • refuse a person access to land to carry out work, or
  • obstruct a person from carrying out work
• A building owner and his agents may (with police assistance) break open any fences or doors that prevent the building owner from exercising his right of access to adjoining land to carry out works

Building owner goes beyond the remit of the party wall surveyor’s decision: If a building owner goes beyond the remit of the party wall surveyor’s decision and causes loss or damage by carrying out works, the building owner may be sued for damages.

The content of this Business Briefing is for information only and does not constitute legal advice. It states the law as at February 2013. We recommend that specific professional advice is obtained on any particular matter. We do not accept responsibility for any loss arising as a result of the use of the information contained in this briefing.