This glossary provides brief descriptions of common terms used in The Party Wall etc. Act 1996. Understanding these terms is crucial for compliance and communication in party wall matters.
The Act Definition: Refers to The Party Wall etc. Act 1996.
Party Wall Types:
Type (a): A wall that straddles the boundary between two or more properties owned by different parties.
Type (b): A wall entirely on one owner’s land but used by two or more owners to separate their buildings.
Owner Definition: Includes property owners and tenants with a lease longer than one year. It excludes short-term tenants (e.g., 6 or 12-month Assured Shorthold Tenancies).
Building Owner Definition: The property owner planning to undertake works covered by the Act.
Adjoining Owner Definition: The owner or interested party of any neighboring property that must be notified of the proposed works.
Occupier Definition: A person living in an adjoining property but not the owner. Occupiers have rights under the Act but do not need to be notified.
Notifiable Works Definition: Works by a Building Owner that fall under Sections 1, 2, or 6 of the Act.
Party Structure Definition: A wall, floor, or partition separating adjoining properties.
Line of Junction Definition: The imaginary line dividing the land of adjoining owners.
Party Wall Surveyor Definition: A surveyor appointed to resolve disputes impartially, either by one or both parties.
Building Owner’s Surveyor Definition: A surveyor appointed by the Building Owner.
Adjoining Owner’s Surveyor Definition: A surveyor appointed by the Adjoining Owner.
Agreed Surveyor Definition: A single surveyor jointly appointed by both the Building Owner and the Adjoining Owner.
Third Surveyor Definition: A surveyor selected by the appointed surveyors, called upon only if they cannot resolve a matter.
Party Wall Notice Definition: A formal document served by the Building Owner to the Adjoining Owner, detailing the proposed work. The Adjoining Owner can consent or dissent to the notice.
Consent Definition: Agreement to the proposed works, given in writing.
Dissent Definition: Disagreement, creating a dispute, either by written dissent or no response within 14 days.
Dispute Definition: Occurs when an Adjoining Owner does not consent to the works. The Building Owner must appoint a surveyor to resolve it through a Party Wall Agreement.
Party Wall Agreement Definition: A written agreement between neighbors (not involving surveyors) without legal status under the Act. It is less protective than a formal award prepared by surveyors.
Counter Notice Definition: A notice served by the Adjoining Owner requesting specific works after receiving a notice from the Building Owner.
Section 1 of the Act Scope: Covers construction of new walls on the Line of Junction between properties. Requires a notice to be served 1 month before starting.
Section 2 of the Act Scope: Covers works to existing Party Structures, such as raising, repairing, demolishing, etc. Requires a notice to be served 2 months before starting.
Adjacent Excavation Definition: Excavation work close to an adjoining property. Requires a Notice of Adjacent Excavation under Section 6 of the Act.
Section 6 of the Act Scope: Covers excavations within 3 or 6 meters of an adjoining property. Requires a notice to be served 1 month before starting.
3 Metre & 6 Metre Notices Definition: Terms for Notices of Adjacent Excavation based on the distance from the adjoining property.
Right of Entry under Section 8 of the Act Definition: Allows access to the Adjoining Owner’s property to execute work authorized by the Act.
Security for Expenses Definition: Section 12 allows an Adjoining Owner to request funds as security for expenses if works are started but not completed. If refused, surveyors resolve the matter.
