If you are planning some significant home improvements that may impact a wall or boundary you share with a neighbour, then you'll need to understand the requirements of the Party Wall Act.
This means having a party wall agreement in place before the work starts. But if your neighbour doesn't consent, you may want to skip the party wall process altogether and crack on with your planned works.
But as these experts explain, forgoing the agreement could lead to serious financial consequences, and put your improvement plans at risk.
What is the Party Wall Act?
The Party Wall etc. Act 1996 is a piece of legislation brought in to help avoid disputes between neighbours.
'The Party Wall etc. Act 1996 ensures that any work affecting shared structures is conducted fairly and that any potential disputes between neighbors are addressed beforehand,' further explains planning permission consultant Simon Rix from Planix.uk.
'A party wall agreement is required when you are planning construction or alterations that could affect a shared wall or boundary,' he adds.
By law, you are required to submit a Party Wall Notice in writing to your neighbours before the work is scheduled to begin. It can help to chat to your neighbours about your plans for the party wall beforehand so they don't feel blindsided.
Within two weeks of receiving the written notice, your neighbours need to respond in writing. They will either giving their consent, refusing their consent or offer a counter notice. A counter notice might include additional works to be undertaken at the same time (you can agree who will pay for what).
If consent is refused, and you cannot come to an agreement with your neighbour, then you will need to appoint a party wall surveyor. You can do this together or each appoint your own. You can appoint one on your neighbour's behalf if they refuse to appoint one themselves.
The party wall surveyor will agree on a legally-binding party wall award, which lays out what work should happen, when and how, and who should pay for it.
Is it illegal to ignore the Party Wall Act?
As it is a legal obligation to submit a Party Wall Notice, failure to do so could be deemed illegal.
While there is no enforcement action that will be taken, it doesn't mean that your proposed work is not at risk. You could also severely sour your relationship with your neighbours, which can be stressful and negatively impact your wellbeing.
Robert Quinton, director of Construction Megastore says: 'To stay on the right side of the law, homeowners should ensure they serve proper notice well in advance, ideally between two to three months before starting work. If the work involves excavation, the notice period is at least one month.
'It's important to include all the required details in the notice, including a description of the proposed work, intended start dates, and any alterations to shared or boundary structures.
'Hiring a Party Wall Surveyor early on can help navigate the process and avoid potential disputes, ensuring that all work complies with the law and safeguarding relationships with neighbours.'
What could happen if you ignore the Party Wall Act?
While you may not be prosecuted for ignoring the Party Wall Act, by not following the rules, you could put your home improvement plans in jeopardy and face serious financial implications.
Robert explains: ‘Failing to comply with the Party Wall Act can lead to significant legal and financial consequences. If a neighbour begins work without following the Act, they may face a court injunction requiring them to halt construction until the dispute is resolved.
Thomas Oldham, Co-Founder, UK Construction Blog, adds: ‘A court injunction can bring construction to a sudden halt, which is especially disruptive for anyone working to a tight schedule. Legal disputes often cost thousands, far outweighing any savings from skipping compliance. Homeowners may also be held responsible for damage to a neighbour’s property, leaving them with hefty repair bills. The financial risks are far greater than many realise.’
Beyond the financial implications, it can be really miserable living next to neighbours you don't get on with.
What can I do if my neighbour refuses to give consent?
Robert adds: 'If your neighbour refuses a party wall agreement, it’s important not to proceed with any building work. Continuing without agreement puts you at risk of facing an injunction, which could legally stop your work until the issue is resolved.
'The best course of action is to open a dialogue with your neighbour to address their concerns and try to reach a mutual agreement.
'While your neighbour can’t stop your work if everything is in line with the Party Wall Act, they can object to the timing and manner of the work. For example, they might request that you avoid working at certain hours or suggest quieter construction methods. If disagreements persist, you’ll need a surveyor to resolve the issues.'
