The Party Wall Act 1996

A building owner intending to carry out work covered by the Act must give notice in writing of the intended works to all the relevant adjoining owners. This notice must include: the owner's name and address; the building's address (if different); full details of what is proposed (including plans where appropriate); and the proposed starting date. In the case of excavations, the notice must also state whether the owner proposes to strengthen or safeguard the foundations of the building or structure belonging to the adjoining owner, and it must be accompanied by plans. At least two months' notice is needed of works to an existing party wall; and one month for a planned new wall or for excavation within the specified distances.

Work to an existing party wall

An adjoining owner cannot stop someone from exercising the rights given to them by the Act, but can influence how and when the work is done. Under the Act, a person who receives a notice about intended work may give consent within 14 days, or give a counter-notice setting out what additional or modified work he would like to be carried out. If an adjoining owner does not do either of these things, a dispute is regarded as having arisen.

New wall astride the boundary line

If the adjoining owner gives a notice within 14 days agreeing to the building of a new wall astride the boundary line, the work (as agreed) may go ahead. If an adjoining owner does not respond, or objects to the proposed new wall, the building owner may only build the new wall wholly on his own land. He may place footings and foundations under the adjoining owner's land. Such footings may not be made of reinforced concrete unless the adjoining owner's express consent is given.

New wall up against the boundary line

The building owner may start work, including placing footings and foundations that extend under the adjoining owner's land, one month after the notice is served. Such footings may not be made of reinforced concrete unless the adjoining owner's express consent is given.

Excavation near neighbouring buildings

If the adjoining owner gives a notice within 14 days agreeing to the work, that work (as agreed) may go ahead. If an adjoining owner does not respond, or objects to the proposed work, a dispute is regarded as having arisen.

Information on the Party Wall Act can also be found on the Communities and Local Government website (external link)- Party Wall Act 1996 - Explanatory Booklet (external link).

If you would like to speak to a member of the Building Consultancy Team please contact us, details below.

Contact Details

Building Consultancy

Email - buildingconsultancy@chester.gov.uk

Opening hours - 8.45am - 4.45pm

Phone number - 01244 402224

Fax - 01244 321876

Address - Building Consultancy, Development Directorate, Chester City Council, The Forum, Chester, CH1 2HS