Party wall dispute

A party wall is a wall or structure that separates two properties and is shared by both neighbours. It can be part of a building, such as the wall between two terraced or semi-detached homes, or it can be a boundary wall, such as a garden wall. If your home is attached to another property, you most likely share a party wall. The Party Wall Act 1996 applies to these shared structures and sets out the legal framework for handling any work that might affect the wall or your neighbour’s property.

You need to serve a party wall notice if you are planning any work that could affect a shared wall, boundary, or structure. This includes major projects like loft conversions, building extensions, cutting into the wall for structural support, inserting damp proofing, or underpinning. You must notify your neighbour at least two months before work begins for major projects and one month for more minor excavation or boundary works. Failing to serve the correct notice can lead to delays or even legal disputes, so it’s essential to follow the process outlined by the Party Wall Act.

If your neighbour ignores the party wall notice, they have 14 days to respond. If they don’t respond within that time, they are considered to have dissented by default, which means that a dispute has arisen. In this case, both you and your neighbour will need to appoint a party wall surveyor to resolve the matter. The surveyor will help draw up an agreement known as an ‘award’, which outlines the work to be carried out and any conditions to protect both parties.

If your neighbour begins work on a party wall without serving the required notice, you are entitled to take legal action. You can seek an injunction from the court to stop the work immediately until the correct procedures are followed. Additionally, if the work causes damage to your property, you have the right to claim compensation. Acting quickly is important in these situations to prevent further damage or legal complications. Our solicitors can help you navigate this process and protect your property.

If your neighbour refuses to consent to the work after receiving the party wall notice, this creates a formal dispute under the Party Wall Act. At this stage, both parties must appoint a party wall surveyor (or agree to use the same surveyor) to resolve the disagreement. The surveyor(s) will assess the situation and issue an ‘award’, which will set out the terms under which the work can proceed. While this process is designed to be fair, having legal guidance can help ensure your interests are fully protected, especially if the dispute becomes more complicated.