PWA 1996: a quick guide to its notice requirements and dispute resolution procedure

A quick guide to the Party Wall etc. Act 1996 (PWA 1996), explaining the Act's notice requirements and its section 10 dispute resolution procedure.

This is one of a series of quick guides, see Quick guides.

Notice requirements under the PWA 1996

The Party Wall etc. Act 1996 (PWA 1996) provides a statutory framework (www.practicallaw.com/8-383-5739) to enable neighbours who share a boundary to carry out building works. Under the PWA 1996, a building owner (www.practicallaw.com/8-383-5739) must give notice to all adjoining owners (www.practicallaw.com/8-383-5739) of any planned works. The notice requirements (www.practicallaw.com/8-383-5739) will depend on the type of works that are to be undertaken.

Existing walls

• Works to an existing wall (www.practicallaw.com/8-383-5739) (under section 2) require two months' notice (www.practicallaw.com/5-511-2108) before the works commence (section 3).

• Alternatively, a building owner will not be required to serve a notice if it has obtained an adjoining owner's prior written consent to these works.

New walls or party fence walls

• Building a new wall or party fence wall (www.practicallaw.com/8-383-5739) requires one month's notice, whether the wall will be on the boundary (www.practicallaw.com/6-512-0315) or entirely on the building owner's own land (www.practicallaw.com/7-512-5888) (section 1).

• A building owner must serve a notice, irrespective of whether an adjoining owner's prior written consent to these works has been obtained.

Excavations

• Building (or excavating (www.practicallaw.com/8-383-5739)) within three or six metres of the adjoining owner's buildings requires one month's notice (www.practicallaw.com/6-513-1154) (section 6).

• A building owner must serve a notice, irrespective of whether an adjoining owner's prior written consent to these works has been obtained.

Adjoining owner's response to notice

How an adjoining owner may respond is determined by the type of works that are to be undertaken. The adjoining owner may:

• Give its prior written consent to the building owner's planned works (under section 2) to an existing wall (section 3).

• Within 14 days of receiving a notice, give its written consent to the building owner's planned works:

  • to an existing wall (www.practicallaw.com/6-511-5149) (section 3);
  • that involve building a new wall astride the boundary (www.practicallaw.com/7-512-5633) (section 1); or
  • involve excavations (www.practicallaw.com/1-515-8810) (section 6).

• Serve a counter-notice (www.practicallaw.com/8-383-5739) within one month of receiving a notice under section 3 (where the building owner's planned works are to an existing wall under section 2).

• Decline to consent in writing (under sections 1 (www.practicallaw.com/7-512-5633), 3 (www.practicallaw.com/7-511-7671) or 6 (www.practicallaw.com/1-515-8810)) or choose to do nothing, in which case either:

  • a dispute will arise under section 10 (www.practicallaw.com/8-383-5739) if the building owner's planned works are to an existing wall (section 3), involve building a new wall astride the boundary (section 1) or excavations (section 6); or
  • the building owner must build the new wall entirely on its own land (section 1).

A dispute may also arise if a building owner fails to respond to an adjoining owner's counter-notice within 14 days.

Section 10 dispute resolution procedure

Broadly, there are two stages to the dispute resolution procedure (www.practicallaw.com/8-383-5739) in section 10:

• Stage one (www.practicallaw.com/8-383-5739) involves the appointment of party wall surveyors.

• Stage two (www.practicallaw.com/8-383-5739) is the making of the award.

The parties may:

• Agree to jointly appoint a party wall surveyor to make an award.

• Each appoint their own party wall surveyor who will then select a third party wall surveyor. If a third party wall surveyor has been appointed, either party, or a surveyor appointed by one of the parties, may refer to that third surveyor any dispute between the building and adjoining owners.

There is no prescribed form for the award (www.practicallaw.com/7-516-5148), but it will deal with issues such as:

• What works will be carried out.

• When and how the works will be carried out.

• Any additional works required by the adjoining owner.

• A record of the condition of the adjoining owner's property before the works begin.

• Who will pay for the costs of the award.

Over the course of a project, the surveyors may make more than one award. For example, if works cause damage to the adjoining owner's property, a further award may set out how and when it is to be repaired.

An award is final and binding on the parties and may only be overturned by an appeal to the county court. Any appeal must be made within 14 days of the award being served on the parties.