Party Walls
Tackling building improvements to the wall(s) you share with your neighbours.
Under the Party Wall Act 1996, you can work on joint walls (those shared with your neighbours) as long as you don't exceed half of the wall/ceiling/floor's overall width. The Act also allows you to put up shelves, plastering and rewiring without planning permission.
For full details, see our guide on The Party Wall Act 1996
It's important to note that at least 2 months notice must be given for works to an existing party wall, and 1 months notice for a planned new wall or for excavation within the specified distances.
The following work on a party wall requires you to give notice to your neighbours at least two months before you intend to start:
- Demolishing and/or rebuilding a party wall.
- Increasing the height or thickness of a party wall.
- Insertion of a damp proof coarse (either chemical injection or a physical dpc).
- Cutting into the party wall to take load bearing beams.
- Underpinning a party wall.
- Excavations within 3 metres of a neighbouring building, where the excavation will reach below the bottom of the foundations of the neighbouring building.
- Excavations within 6 metres of a neighbouring building where the excavation will reach below a line drawn 45° downwards from the bottom of the foundations of the neighbouring building.
The notice must include:
- The owners of the property undertaking the work.
- The address of the property.
- A full description of the proposed work (the level of detail will vary between sites, but may include colours of brick, hours of work, etc).
- The proposed start date for the work.
- A clear statement that the notice is being served under The Party Wall Act 1996.
- The date the notice is being served.
Make sure you keep documentation proving that you've served notice, such as recorded delivery or an independent witness. Also note the day you delivered the letter. Your neighbours should respond in writing within 14 days of receiving the notice giving consent or registering dissent.
Under the Party Wall Act, no work can commence until all neighbouring parties have agreed in writing to the notice (or a revised notice). Don't carry out work if they haven't bothered to respond - this automatically classifies the proposed work as a dispute. It may be the case that they're simply away on holiday, so check with them after the 14 day period to get their confirmation of agreement.
What to Do If There's a Dispute
In cases of your neighbours disputing your building plans for the party wall, it's normal practice to appoint a private sector surveyor. They will have final say on the dispute, awarding a 'yes' or 'no' to the work you want to carry out.
If they rule 'no', you have 14 days to appeal the decision at a county court. If it's a yes, you're free to begin work!
If you need to call in the professionals to help with your home improvement, see Builders.