Work you must tell your neighbour about

You must tell your neighbour if you want to: build on or at the boundary of your 2 properties work on an existing party wall or party structure dig below and near to the foundation level of their property Examples of this type of work include: building a new wall cutting into a party wall making a party wall taller, shorter or deeper removing chimneys from a party wall knocking down and rebuilding a party wall Find more details of work you need to tell your neighbour about in the party wall explanatory booklet . Your neighbours cannot stop you from making changes to your property that are within the law, but they can affect how and when your works are carried out. What you do not need to tell them about You do not need to tell your neighbour about minor changes, for example plastering, adding or replacing electrical wiring or sockets, or drilling to put up shelves or cabinets.

When and how to tell them

You must give notice to your neighbour between 2 months and a year before you plan to start building works. Include what you plan on doing. You can speak to your neighbour to explain the work you want to carry out, before giving notice in writing. Find letter templates and more information on giving notice in the party wall explanatory booklet . Any agreement you reach should be in writing.

Reaching an agreement with your neighbours

Once you’ve given notice your neighbour can: give consent in writing refuse consent, which will start the dispute resolution process serve a counter notice requesting additional works be done at the same time (they’ll have to pay for these if they benefit from the works) Your neighbour must let you know in writing within 14 days if they consent to your notice, and you must do the same with any counter notice. A counter notice must be served within a month of the first notice. Find examples of counter notice letters in the party wall booklet . Your neighbours need to respond to the notice. You cannot assume that no response means they agree to the works. The dispute resolution process will also start if they do not respond to your notice within the given time. Who pays for the work You need to pay for any building works that you start on a party wall. Your neighbour may have to meet a share of the cost if the work needs to be done because of defects or lack of repair. They will also need to pay if they ask for additional works to be done that will benefit them. An appointed surveyor will set out who pays what if you cannot agree .

You must appoint a surveyor if you and your neighbour cannot agree. You can appoint a surveyor together or each appoint your own. The surveyors will then agree on a ‘party wall award’. This is a legal document which says: what work should happen how and when it will be carried out who will pay for which part and how much will be paid (including surveyor’s fees) You cannot act as your own surveyor. If your neighbour does not appoint a surveyor You can appoint a surveyor on behalf of your neighbour if they refuse or fail to do so themselves. If you do not agree with the award You can appeal against an award at a county court within 14 days of receiving it. You need to file an appellant’s notice in a county court , explaining why you’re appealing.

When carrying out building works you must: avoid causing unnecessary inconvenience protect your neighbour’s property from damage caused by the works, and fix or pay for any damage that is caused Access to your neighbour’s property Your neighbour must allow surveyors and workmen access to their property during usual working hours to carry out the building works. They must be given 14 days’ notice except in an emergency.

Party walls and building work

Overview

You must tell your neighbours if you want to carry out any building work near or on your shared property boundary, or ‘party wall’, in England and Wales.

Party walls stand on the land of 2 or more owners and either:

form part of a building
do not form part of a building, such as a garden wall (not wooden fences)

Walls on one owner’s land used by other owners (2 or more) to separate their buildings are also party walls.

Party structures

You can also have a ‘party structure’. This could be a floor or other structure that separates buildings or parts of buildings with different owners, for example flats.

Party wall agreements are different from planning permission or building regulations approval.

There are different rules in Scotland.

View a printable version of the whole guide

Party walls and building work

Overview

Party structures

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Party walls and building work

Overview

Party structures

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