A 'party wall' is a wall that is common to and separates two adjoining properties. It can also mean a freestanding wall that sits astride a boundary line or a floor separating two properties such as apartments. 

The Party Wall Act 1996 (PWA) is legislation designed to provide a framework under which a building owner can undertake works on or near to a party wall and, by doing so, prevent or reduce dispute with a neighbour. The Act refers to the Building Owner wishing to undertake work and their neighbour the Adjoining Owner.

The Act does not deal solely with party wall and floor structures, but the wider relationship between neighbouring owners, and gives Building Owners the right to undertake the following types of work :

• Build either up to or astride a boundary line not currently built on.
• Undertake an existing party or boundary wall; this includes underpinning the foundations, thickening, raising, repairing and rebuilding the wall.
• Undertake work on the Adjoining Owners land to underpin or stabilise foundations where the Building Owner is undertaking work within prescribed distances from the Adjoining Owner’s

The PWA sets out timescales for the serving of notices and responses by each party and a mechanism for dealing with disputes should the Adjoining Owner dissent from the proposed works.

Where disputes arise, both parties can appoint a surveyor to act on their behalf and agree to a party wall award setting out the nature of the work and how it should be undertaken. Alternatively, the parties can agree on a single Agreed Surveyor. The powers and duties of surveyors appointed under the PWA can be summarised as; ensuring any award concluded fairly sets out the rights and obligations of both owners; ensuring that the work set out in the award is permissible under the PWA; and will allow the Building Owner to carry out the work without causing unnecessary inconvenience to the Adjoining Owner.

Agreeing on a party wall award will usually involve the respective surveyors reviewing the works' design drawings, undertaking site inspections to establish the consequences of the works, and agreeing to how the works should be undertaken, including the timing of access to the Adjoining Owners property.

The costs of the works and surveyors fees are usually met by the Building Owner being the beneficiary. However, there are circumstances where it may be agreed that the Adjoining Owner pays a proportion of any costs, i.e. where the works are required because a party wall is in disrepair.

Property Tectonics can provide initial advice to Building and Adjoining Owners on the party wall and boundary matters and accept appointments as a party-appointed or agreed surveyor under the PWA.