What is a Party Wall

A “party wall,” also referred to as a parting wall or common wall, is a shared dividing wall between two or more adjacent properties. It originated as a fire safety measure for London’s terraced homes as far back as the 11th century, especially in response to the Great Fire of 1666. This wall can be part of the buildings themselves or serve as a boundary, such as a garden wall, and applies to both residential and commercial properties.

A “party structure” refers to a structure separating two or more buildings or different parts of the same building owned by different individuals, such as a floor in a block of flats. Wooden garden fences are not classified as party walls.

Developers constructing multiple properties simultaneously often erect a wall along the property line dividing two terraced or semi-detached houses, with 50% of the wall on either side of the line. However, party walls can also arise from two adjacent walls built at different times or, in the case of a non-structural party wall, a firewall or insulation layer between properties, especially in blocks of flats.

However, regarding common ownership, property owners adjacent to the wall have the right to use or benefit from it, even if they do not legally own it. The Party Wall etc Act 1996 in England and Wales mandates that you notify your neighbours in advance of any work planned near or on the party wall or shared property boundary and seek their formal agreement.

A party wall agreement is distinct from planning permission or building regulations approval, each of which has its own processes. We will delve further into the party wall agreement process below.

Different procedures apply in Northern Ireland and Scotland for this matter.

Party Wall Notice

Before any qualifying work begins, the Building Owner must serve a formal Party Wall Notice to all affected neighbours (known as Adjoining Owners). This notice must:

• Be issued at least one or two months before work starts, depending on the type of work
• Clearly describe the proposed works
• Include drawings or plans where relevant

The Adjoining Owner then has 14 days to respond. They may:

• Consent to the works
• Dissent and request a surveyor
• Ignore the notice, which is treated as dissent after the 14-day period

Failure to serve a valid notice can result in legal action, including injunctions to halt work.

Party Wall Award

If the Adjoining Owner dissents, the next step is the appointment of surveyors—either one agreed surveyor or one for each party. These surveyors will produce a Party Wall Award, a legally binding document that:

• Details how and when the work will be carried out
• Includes a Schedule of Condition of the neighbouring property
• Allocates responsibility for costs, including surveyor fees

The Award protects both parties by setting clear expectations and providing a framework for resolving any damage or disputes.