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THE PARTY WALL ACT

EXPLAINED A commentary on the Party Wall etc. Act 1996

FOURTH EDITION. FULLY REVISED AND UPDATED

THE PARTY WALL ACT

EXPLAINED A commentary on the Party Wall etc. Act 1996

The Fourth Edition

© The authors and The Pyramus & Thisbe Society Diagrams courtesy of Martin O’Shea Illustrated by Pongo & Matelot All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the publishers.

Such permission, if granted, is subject to a fee depending on the nature of the use.

Fourth Edition - 2025 ISBN 978-0-9558454-1-3 Published by The Pyramus & Thisbe Society from Administration Office Rathdale House 30 Back Road Rathfriland BT34 5QF Designed by Pongo & Matelot linktr.ee/pongoandmatelot Typeset in OpenSans and Baskerville Printed and bound in the United Kingdom by W&G Baird Ltd This book is printed on FSC-certified paper, sourced from responsibly managed forests and verified recycled materials. By choosing FSC-certified paper, we support sustainable forestry practices and contribute to the preservation of our planet’s natural resources.

Why “Pyramus & Thisbe”?

A brief history of the Society and its foundation The Pyramus & Thisbe Club (named after the two lovers separated by a wall in Shakespeare’s A Midsummer Night’s Dream, “The Wall is down that parted their fathers”) was founded by John Anstey and fellow colleagues, in 1974 as a forum for discussion on all matters in connection with party walls.

By 2020 the Club’s membership had expanded twelvefold with members throughout England and Wales with numerous regional branches. It had established a reputation for knowledge, expertise and excellence and in 2022 a decision was taken to formally adopt the status of Learned Society and the club became The Pyramus & Thisbe Society.

Membership and participation in the Society is encouraged. For further information please visit our website pyramusandthisbesociety.org The statements in this book are offered in good faith and whilst the publishers and authors have taken every care in preparing them no responsibility for loss occasioned to any person acting or refraining from acting as a result of any material included in or omitted from this publication can be accepted by the authors, the publishers, the officers or members of The Pyramus & Thisbe Society.

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Introduction to the fourth edition The first edition of The Party Wall Act Explained, widely known as The Green Book, published in 1993, was primarily aimed at practitioners as guide to future reform, but it also became the indispensable manual and guide for parliamentarians during the passage of the Bill that became the Party Wall etc. Act 1996.

The book received high praise during the House of Lords debate, with the late Lord Dubs describing it as “a clear explanation of legislation” and “a model of clarity.”

The book was re-written when the Party Wall etc. Act came into force nationally and this is its fourth edition. This, and all previous versions, have been written by leading practitioners in party wall matters and as such it represents the cumulative wisdom of many experts and aspires to explain the legislation with the clarity once praised in the House of Lords.

Work on the fourth edition was led by Fareed Fetto, National Chairman of the P&T Society, Michael Kemp and Martin O’Shea. In the course of their work widespread consultation took place amongst members, experienced practitioners and the legal profession. These contributions, from individuals too numerous to name here, are gratefully acknowledged.

It represents the most comprehensive revision to date and has been substantially re-written. Care has been taken to ensure that opinions expressed are either supported by robust case law or truly and fairly represent a wide consensus amongst practitioners. Deliberations were concluded in February 2025 and, where relevant, this publication reflects the writers’ understanding of current law and practice at that date.

Even with the greatest care, errors can slip through the editing process.

Interpretation, current practice and the law develop over time. It is proposed to review this edition from time to time and provide appropriate updates on the P&T website. vi

History of Party Wall legislation The Party Wall etc. Act 1996 was the first national Act, covering England and Wales, to regulate works to or close to party walls, party structures and fence walls. Prior to 1996 there were a number of local Acts in different parts of the country but only inner London had comprehensive legislation.

London’s legislation has a long history dating back over 800 years and the Party Wall etc. Act is very similar in content, scope and wording to Acts passed in London in the 19 th Century and in particular to the London Building Acts (Amendment) Act 1939. This legislation formed the framework for the current legislation.

This background is important to owners, practitioners and their advisers because much of the case law passed under predecessor legislation is still relevant to the current Act as is the way that predecessor legislation was operated by practitioners and the legal system.

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viii

The Act: A brief introduction The Party Wall etc. Act 1996 provides owners of land and buildings with certain rights and obligations to other owners in relation to party structures and other structures in the proximity of boundaries. At the same time it provides a framework for a disciplined approach to exercising these rights. These matters are generally dealt with under Sections 1 to 5.

Section 6 introduces obligations on anyone excavating near another owner’s building or structure. Notices must be served and procedures followed.

There are provisions for compensation, for rights of entry and for the safeguarding of certain easements.

The Act lays down strict procedures for the resolution of disputes and these are in sections 10 to 14. They provide for the appointment of a surveyor or surveyors who have the power to settle disputes.

Later sections deal with the usual miscellaneous matters in an Act, including the fact that it may be an offence to step outside the Act’s provisions.

Important definitions are found in section 20. These should be read and understood before considering this commentary.

The Act refers to owners and surveyors using the pronouns “he” and “him”. This book uses “he” and “him” when directly quoting from the Act but uses gender neutral pronouns elsewhere.

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Contents Why “Pyramus & Thisbe”?................................................................................ iii Introduction to the fourth edition................................................................ v History of party wall legislation ..................................................................... vii The act: A brief introduction........................................................................... ix The Party Wall etc Act 1996 ........................................................................... 1 Construction and repair of walls on line of junction ..................... 2 Section 1

New building on line of junction ........................................... 2

Section 2

Repair etc. of party wall: rights of owner............................. 14

Section 3

Party structure notices............................................................. 36

Section 4

Counter notices............................................................................ 42

Section 5

Disputes arising under sections 3 and 4............................. 45

Adjacent excavation and construction ................................................ 47 Section 6

Adjacent excavation and construction................................ 47

Rights etc............................................................................................................. 47 Section 7

Compensation etc....................................................................... 61

Section 8

Rights of entry.............................................................................. 69

Section 9

Easements..................................................................................... 76

Resolution of disputes .................................................................................. 78 Section 10 Resolution of disputes............................................................... 81 Expenses.............................................................................................................. 104 x

Section 11 Expenses........................................................................................ 104 Section 12 Security for expenses................................................................ 117 Section 13 Account for work carried out.................................................. 121 Section 14 Settlement of account............................................................... 123 Miscellaneous.................................................................................................... 124 Section 15 Service of notices........................................................................ 124 Section 16 Offences......................................................................................... 128 Section 17 Recovery of sums........................................................................ 131 Section 18 Exception in case of Temples etc........................................... 132 Section 19 The Crown...................................................................................... 134 Section 20 Interpretation............................................................................... 136 Section 21 Other statutory provisions...................................................... 150 General ................................................................................................................ 151 Section 22 Short title, commencement and extent............................. 151 Appendices......................................................................................................... 152 Appendix i Diagrams...................................................................................... 153 Appendix ii Model party wall award........................................................... 165 Appendix iii Publications and websites ..................................................... 173 Appendix iv Addenda and updates............................................................. 175 Index of key terms........................................................................................... 176

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The Party Wall etc. Act 1996 An Act to make provision in respect of party walls and excavation and construction in proximity to certain buildings or structures; and for connected purposes (18 July 1996).

Be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Comment The word “etc.” in the title refers to those provisions of the Act which deal with matters such as adjacent excavation, which are not strictly to do with party walls or structures.

The Act came into force on the 1st July 1997.

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Section 1(1)(a)&(b)

Construction and repair of walls on line of junction

New building on line of junction S.1(1)(a)&(b) 1.(1) This section shall have effect where lands of different owners adjoin and (a) are not built on at the line of junction; or (b) are built on at the line of junction only to the extent of a boundary wall (not being a party fence wall or the external wall of a building), and either owner is about to build on any part of the line of junction.

Interpretation This section regulates proposals to construct walls either at, (meaning against, or up to) or astride (meaning over) the legal boundary between owners (known as the line of junction), where there exists at present no wall at all, or only a boundary wall positioned wholly on one owner’s land and belonging solely to that owner. In that case, if either owner wants to ‘build’ at, or astride the line of junction, they follow the procedures set out in the subsections below.

S.1 does not apply if there is an existing building at the line of junction, whether on one or other side.

S.1 does apply where a boundary wall already exists (on either side of the line of junction).

S.1 does not apply if there is a boundary wall astride the line of junction.

Such a wall is a party fence wall under s.2 and subject to s.2 rights.

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Section 1(1)(a)&(b)

Comment The presence of an ordinary fence or hedge on the line of junction will not mean that the line of junction is “built on”.

It is generally accepted that the works described at s.1(2) to s.1(7) inclusive would be works in pursuance of the Act and so access would be available to the adjoining owner’s land subject to compliance with s.8 of the Act. Some property deeds may define walls and fence walls as party walls regardless of the defined position of the line of junction. It is good practice to check property deeds whenever these are available.

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Section 1(2)

New building on line of junction S.1(2) (2) If a building owner desires to build a party wall or party fence wall on the line of junction he shall, at least one month before he intends the building work to start, serve on any adjoining owner a notice which indicates his desire to build and describes the intended wall.

Interpretation See Diagrams 1 and 3 at Appendix I. This type of wall would stand astride the line of junction, and therefore on the land of two owners (see definitions for a party fence wall and party wall in s.20).

Notice needs to be served not less than one calendar month before the works are due to commence. The possible consequences and actions following such a notice appear in the next subsection.

Comment The notice has to indicate the desire to build and to describe the intended wall. No other requirements are given. S.3(1) sets out requirements for notices under s.2 and compliance with that section should avoid any argument over validity of s.1 Notices.

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Section 1(3)(a)&(b)

New building on line of junction S.1(3)(a)&(b) (3) If, having been served with notice described in subsection (2), an adjoining owner serves on the building owner a notice indicating his consent to the building of a party wall or party fence wall — (a) the wall shall be built half on the land of each of the two owners or in such other position as may be agreed between the two owners; and (b) the expense of building the wall shall be from time to time defrayed by the two owners in such proportion as has regard to the use made or to be made of the wall by each of them and to the cost of labour and materials prevailing at the time when that use is made by each owner respectively.

Interpretation Having received a notice the adjoining owner may agree to the proposal by serving a notice of consent. See subsection (4) for what happens if the adjoining owner does not consent.

If the adjoining owner consents to a party wall/fence wall, it may be built half on each side of the line of junction, although the owners are free to decide exactly where to build it. Paragraph (b) covers the eventuality that one owner may make more use of the wall at the time of its construction than the other.

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Indes of key terms

Index of key terms This index lists only the most relevant or important references to certain words and terms. Indexing every single reference would create an unwieldy and impractical document.

Access 3, 9, 69-75

Award

< for adjoining owners etc acting as building owners 75

< binding 102, 103

< for building owners etc 69-71

< example 96, 160-167

< for surveyors 74-75

< content 93, 95, 96, 97, 98, < ex parte 87-89

Accounts 121-123

< service 99

Adjacent excavation 47-60

Boundary disputes 14, 80

< explanatory drawings 158-163

Boundary wall explanatory drawing 153

Adjoining occupier 9,13, 40-41, 54, 60-61, 63-64, 65, 72, 75, 108, 128

Building or structure, meaning 49, 174

< definition 106

Change of ownership 142,143

Adjoining owner

Chimney breast/stack 28, 30, 42

< definition 136 < multiple 55, 136, 137 Agreed Surveyor 78, 79, 83, 85, 93 Appeal 99, 103 Appointing Officer 9 . 0, 138 Appointments 78-82 Arches over passageways 18 “As built” drawings 59

Compensation 13, 63, 64 Concrete overspill 114 Consent < conditional 45, 46 < general requirements of 45, 46 < s.1, 5-8 < s 3, 39-41 < s.5, 45-46 < s.6, 57 < special foundations 66-67 176

Indes of key terms

Costs see also “Expenses” < apportionment 15, 17, 27 < award 95, 97 < counter notice 42 < special foundations 103 Counter Notice 42-43

< building or structure 49, appendix 3 < building owner 139 < foundation 140 < owner 141 < partition 18, 145 < party fence wall 2, 144

Courts 86,102,103,141,149

< party structure 145

Court cases 39, 58, 61, 78, 89

< party wall 13, 146

Crown property 134, see also “Exemptions”

< special foundations 148 < surveyor 149

Cut away/into/remove 20-24

Demolish/demolition 19, 77

Damage 63, 107

De Novo 83

< building owners obligation to make good 110

Deviations and variations 68

< right to payment in lieu of 110 Damp proof course 21

Diagrams see appendix 1, 152-164 Dispute/s < section 1. 8, 9, 12, 14

Dangerous Structure Notice 40-51

< section 2. 25

Debt. 131

< section 5. 45-46

Decoration(s) 30,32,33

< section 3. 39-40 < section 6. 52, 55, 57, 58 < section 7. 63, 64

Defect/want of repair 16, 17, 30, 31, 35, 106, 107

< section 8. 75

Definitions 15,18, 136-149

< section 11. 104, 113

< adjoining owner 136

< section 12. 117, 118, 120

< adjoining occupier 136

< section 13. 121, 122

< section 10. 79-103

< appointing officer 138 177

Indes of key terms

Dissent 8, 45, 57

Expenses 132-136

Disrepair 16, 17, 27

< apportionment accordance to use made of, 5, 105-107

Disturbance 108 Dormers 16 Due diligence 8, 58 Easements 23, 24, 76-77 Effectively 87 Electronic communications 124-5 Embassies 135 Emergency 72, 75 Enclosure see “Subsequent use of” Engineers and other consultants 64, 97, 98, 116 Enter/entry see “Access” Excavation(s) 67-60 < safeguarding 51 < services 48

< liability of adjoining owner 109, 112, 115 < liability of building owner 104, 108, 109, 110, 113 < settlement of, see “Accounts” Expose 29 External wall 2, 7, 15, 16, 23, 30, 50, 53, 106 Fair allowance 19, 62, 108 Fees 95, 97, 98, 131 Flashing 21, 25 Flue(s) 23, 30,31, 42, 76, 77 Footings/foundation(s) see also “Special foundations” and “Concrete overspill” < cutting away of projections 23 < shallow 48, 51, 113-114, diagrams 11-12, 161, 162

< shallow 48

Hinder(s) 129

< trial holes 49

Hoardings see “Lay open”

Exemptions 132-135

Impartiality 79, 84, 149

Ex Parte see “Award”

Implementation date 1 Incapable 83, 86

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Indes of key terms

Inconvenience 19, 62, 64, 66, 108 see also “Unnecessary inconvenience“ Injunction 36, 76, 78, 137, 147 Injury 60, 74 Insulation 29 Inns of Court 132-133 Inspections 97 Jurisdiction 93, 95 Land registry search 37 Lay lopen 19, 65, 108 Liability 60 Light 76 Line of Junction 1-14 < access for works 3, 69 < consent 5 < dispute 14 < status 2 Local authority 90, 91, 138, 149 Loss 9, 60, 61, 63, 64, 108 Making good payment in lieu of 30-33, 110, 111

Neglect(ed)(s) 49, 51,83, 84, 87, 88, 89, 90 Notice(s) < access 72,73,75 < consent to 15, 55, 67 < counter notice 43 < line of junction 4, 9 < requirements of 36-7, 56 < retrospective 93 < s.2 36-37 < s.6 55-58 < service 36, 124, 127 Obstructs 129 Offence(s) 73, 128-130 Openings 21, 22 Owners < change of, 142-144 < definition of 141-143 < identifying 37 < multiple 52, 54, 136, 137, 141 Overhanging 24 Parapet 25, 34, 109 Partitions 18, 145

Materials for raising 16 Modifications 135

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Indes of key terms

Party fence wall see also “Line of junction”

Pyramus and Thisbe Society iii, appendix 3

< construction of 1 to 14 < definition 3, 15, 144

Pyramus and Thisbe Society guidance notes see Appendix 3

< explanatory drawing 153

Raise, raising 16, 27

< projection of footings 11, 12, 13 < rights of entry 3, 9 < works to existing 16, 17, 22, 23, 27, 28

Reasonable > costs 97 > inspections 97

Party Wall etc Act v, vii, 1, 151

Rebuild(ing) 17-19, 27, 28, 65, 77

Party wall type a and b:

Reduce(d), reducing 20-22, 28

< definition 146, 147 < diagrams 153-158 Payment in lieu 110 Plans and sections 36, 43, 56, 59, 63 Police officer 71 Power and Kyson v Shah 2023 court of appeal 40, 78, 93 Projecting/projection(s) 11, 23, 24, 32, 114,146 Protection < hoardings 65 < weather 29

Recovery of sums 131

Refuse(s) 84, 87-89, 90, 92, 128 Repair see “Defect” Responsibilty > damage 30-33 > expenses 104-107 Security 117, see also “Expenses” < amount 117 < nature of 117, 118 < time limits 117, 119, 120 Service see “Notice” > award 99 > documents 124-127 > notices 124-127

Proportion see “Expenses”

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Indes of key terms

Special foundations

Third surveyor

< consent needed 65, 67

< award 100, 101

< counter notice 42 < definition 148 < details of 11, 37 < future cost implications 113, 114 < notice requirements 11, 36

< costs of award 100 < permanence of appointment 81 < referral 94 < replacement of 92 < selection of 78

Statute/statutory:

Time and manner 95

< cannot vary 38, 39,

Trial holes see “Excavation”

< comply with 16, 68 < deemed compliance with 35

Ultra vires 102

< duty 82

Unauthorised works 36

< instrument 150

Underpin/underpinning 16, 51, 52. 158.159. 161. 162

< notice 41 < provisions 150, 151 < requirements 18, 38, 68, 81 < role (of surveyors) 93-102 Subsequent use 5, 6, 115, 116 Surveyors < appointment of 77-92 < duties 93-102

Unnecessary inconvenience 9, 44, 61, 62 Variations see “Deviations” Want of repair see “disrepair” Weathering 29 Weather-proofing 25

< in writing 81 < replacement of 81, 83-89,92 < selection 90, 92 Thicken/thickness 16, 20

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The fourth edition of THE PARTY WALL ACT EXPLAINED This essential guide has been a trusted resource for practitioners and others since 1993. Substantially rewritten, the fourth edition is a comprehensive update and continues to be the definitive guide to party wall legislation.

ISBN 978-0-9558454-1-3

9 780955 845413

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