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Key definition

Party wall definition

What does Party wall mean? In practice, a party wall is a shared wall between neighbouring properties: it either forms part of a building that sits astride the boundary of different owners or separates two buildings in different ownership. It usually carries mutual rights of support and repair obligations, and is central to construction, boundary and neighbour disputes. England and Wales: Defined in the Party Wall etc. Act 1996 (which also covers party fence walls and party structures). The Act controls cutting into, raising, underpinning or demolishing, requires party wall notices to adjoining owners, confers temporary access, and enables surveyors to make a party wall award...

s6 PWA 1996: consent to encroaching foundations; no access rights

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Q&As

Notice requirements in respect of excavations

Section 6 of the Party wall etc. ACT 1996 (PWA 1996) sets out the notice obligations for excavations, and in particular covers works where digging is undertaken within a distance between three and six metres of an adjoining property. Addressing ‘special foundations’ first, PWA 1996, s 20 explains these as foundations that employ an arrangement of beams or rods for the purpose of spreading any load. Where proposed foundations fall within that description, the adjoining owner’s written agreement must be secured in advance. Clearly, this is an extremely technical area, and a suitably detailed report ought to be obtained in order to consider whether, in the circumstances of this scenario, the foundations can properly be treated as special foundations. Turning to whether section 6 will extend to the construction of foundations which encroach upon the adjoining owner’s land, it appears likely that the excavation will necessitate a section 6 notice being served under the PWA 1996...

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Georgia Whiting

Capita

Georgia is employed as Legal Counsel at Capita, dealing solely with contentious construction matters. Prior to this, she was a self-employed barrister at 4 King’s Bench Walk, where she remains as a Door Tenant. Her work included advising and acting in relation to issues arising out of construction, property development and refurbishment. Her common law background also enables her to advise in respect of linked areas relating to property and construction and associated litigation, such as insolvency and negligence. Her time at a City Law Firm prior to obtaining Pupillage also equipped her with an understanding of commercial realities from multiple perspectives....

Web page updated on 27/05/2026

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