If you plan to build a party wall or party fence wall astride the boundary line, you must inform the Adjoining Owner by serving a notice. However, there is no right to build astride the boundary without your neighbour's consent in writing.
You must also inform the Adjoining Owner by serving a notice if you plan to build a wall wholly on your own land but up against the boundary line.
The Act contains no enforcement procedures for failure to serve a notice. However, if you start work without having first given notice in the proper way, Adjoining Owners may seek to stop your work through a court injunction or seek other legal redress.
At least ONE MONTH before the planned starting date for building the wall. The notice is only valid for a year, so do not serve it too long before you wish to start.
If the Adjoining Owner consents within 14 DAYS to the building of a new wall astride the boundary line, the work (as agreed) may go ahead. The expense of building the wall should be shared between the owners in proportion to the use of that wall made or to be made by each owner.
The consent must be by a notice IN WRITING. It is strongly advisable that it should record details of the location of the wall, the allocation of costs and any other agreed terms.
If the Adjoining Owner does not consent IN WRITING within 14 days to the proposed new party wall astride the boundary line, you will be obliged to build the wall wholly on your own land, and wholly at your own expense. You will have to compensate any Adjoining Owner for any damage to his property caused by the building of the wall, or the placing of footings and foundations under his land. There is no right to place “special foundations” under his land without his written consent.
You may start work one month after your notice was served, or earlier by agreement.
Unless your neighbour objects, you may start work one month after your notice was served. The wall will be built wholly at your own expense and you will have to compensate any Adjoining Owner(s) for any damage to his property caused by the building of the wall, or the placing of footings and foundations under his land. There is no right to place “special foundations” under his land without his written consent, and the placing of normal projecting foundations can only be done if it is necessary.
If there is a disagreement about any work of the kinds including any issue concerning compensation, the dispute is to be settled under the Party Wall Act by appointing a Surveyor.
The surveyor(s) can make a party wall award, but cannot decide a dispute concerning the location of the boundary.
For more information about the different types of notices and how we can help you:
New building on line of junction
Party structure notice (under Section 2 for repairs & existing Party Wall)
Adjacent excavation and construction