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Party Walls

What Are Party Walls?

The term Party Walls refers to shared walls or structures between two adjoining properties. When proposed building works are likely to affect this shared structure — or land near it — the rights and responsibilities of each owner fall under the Party Wall etc. Act 1996.

This legislation sets out a clear legal framework for notifying neighbours, resolving disputes, and ensuring that all works are carried out lawfully and with minimal risk of damage or conflict. If you’re planning construction that may impact a party wall, Dunham Hale Chartered Surveyors can guide you through the process and ensure full compliance with the Act.

What Is a Party Wall

A party wall is a wall that sits directly on the boundary between land owned by two or more different parties. Common examples include the dividing walls between terraced or semi-detached houses, or boundary walls between gardens often referred to as party fence walls.

While the term “party wall” might suggest only brick or block structures, its legal definition under the Party Wall etc. Act 1996 is broader and can be a source of confusion.

What About Flats?

In a flat or apartment building, the dividing wall between two adjoining units is also considered a party wall, even though each flat is part of the same overall structure. But what about the floor or ceiling separating two flats?

Although these are not technically party walls, they are still covered under the Party Wall etc. Act 1996 as they are defined as party structures. This includes any horizontal division, such as floors and ceilings, between two units.

So what do I need to do when I am considering works to my property?

You should ensure that you seek professional advice. At Dunham Hale Surveyors, we can assist in helping you to navigate this complex piece of legislation so that you are not put at undue risk when starting works.

What is involved in the process?

Firstly, we would need to see some drawings / plans of your proposed works and make a visit to your property to see if there are any onerous issues that need to be taken into consideration, once we are satisfied with the property we can then start the process of issuing notices to the adjoining owner (the owner or owners affected by your works).

I don’t wish to deal with the Party Wall and have a good relationship with my neighbour.

Yes even if you have a good relationship with your neighbour, it’s highly recommended to follow the Party Wall process before starting any construction work that could affect a shared or adjoining structure.

Why? Because things can change. While you may currently enjoy a positive relationship, that can quickly break down if something goes wrong during the works. Even minor damage, such as cracking, water ingress, or disruption, can lead to disagreements, claims, and legal complications. Without proper protection, you may find yourself personally liable for damage to their property.

Can I deal with the Party Wall process myself?

The simple answer is yes, on the understanding that you understand the Party Wall etc Act 1996 and are familiar with dealing with the various clauses and procedures needed. We at Dunham Hale Surveyors, feel that this is risky and can lead to issues further down the line if the procedure is not followed in line with the act.

Depending how you look at it, there is no correct answer. The easiest and lowest risk way is to leave the Party Wall process to an expert who has experience. At Dunham Hale Surveyors, we can help and deal with the whole process from start to finish.

I am the adjoining owner, and the building owner has started works without issuing notification to me. What can I do?

We would advise that you first approach them and kindly ask that they stop works immediately and start with formal notification to all adjoining owners under the Party Wall etc Act 1996.

If they require further advice, you can direct them to our website or ask them to call us for further advice. 

At Dunham Hale Surveyors, we are able to advice both the building owner and adjoining owner or owners on the Party Wall process before or during any works are underway.

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