Party Wall Act 1996
If your project involves work near a shared boundary or party wall, you may have legal obligations and financial exposure under the Party Wall etc. Act 1996. Protek can include party wall contractual liability within your site insurance policy.
WHY IT MATTERS
Working near a boundary? Your liability may be greater than you think
If you are carrying out works within three or six metres of a party or boundary wall, you have obligations under the Party Wall etc. Act 1996. Under the Act, your neighbour has a legal right to be compensated for any loss or damage caused by your works – regardless of whether the damage was intended or foreseeable. Standard public liability insurance is unlikely to provide adequate protection here, because the damage would be classed as foreseeable rather than unforeseen. A separate party wall contractual liability policy is the correct cover.
Subject to following the requirements of the Act – including serving the correct notice and having a condition survey of the neighbouring property – Protek can include this contractual liability within your site insurance policy.
TYPES OF PARTY WALL
A wall that stands on two or more owners’ land and forms part of a building
A wall on two owners’ land that does not form part of a building
A wall on one owner’s land used by two or more owners to separate their buildings
A floor, ceiling or partition separating buildings or flats in different ownership
When the Party Wall Act applies to your project
Works that fall under the Act’s scope include loft conversions, extensions, remodels, basement construction and any works to a shared wall or structure. In Scotland and Northern Ireland, similar exposure exists under Common Law rather than the Act itself.
The Act applies whenever you want to build on or at the boundary of two properties, work on an existing party wall or party structure, or dig below and near the foundation level of a neighbouring property. You must inform your neighbour before work begins, and they have rights to affect how and when works are carried out – even though they cannot stop lawful work entirely.
Building at the Boundary
Constructing a new wall on or at the boundary of two properties triggers the Act. You must serve a notice and, if your neighbour requires it, appoint a surveyor to agree the works.
Work on an Existing Party Wall
Cutting into a party wall, making it taller or shorter, removing a chimney breast, or knocking down and rebuilding a party wall all require notice under the Act.
Excavation Near the Boundary
Digging within 3 or 6 metres of a neighbouring property's foundations - such as for a basement or underpinning - triggers the Act and requires a notice to be served.
HOW PROTEK HELPS
Party wall liability included in your site insurance
Protek will ask whether your project involves works on or adjacent to a party wall during the quote process. Where it does, we can include contractual liability cover within your site insurance policy – subject to you following the correct requirements of the Act.
Serve the Correct Notice
You must serve the appropriate notice on your neighbour before works begin. The notice period varies depending on the type of work - typically one or two months.
Condition Survey
A condition survey of the neighbouring property should be carried out before work starts. This records the existing state of the property and protects both parties in the event of a dispute.
Appoint a Surveyor if Needed
If your neighbour dissents, one or two surveyors must be appointed to draw up a Party Wall Award - a legal document setting out how the works will be carried out.
Get the Right Insurance
Standard public liability will not cover foreseeable damage to a neighbour's property. Protek's site insurance with party wall contractual liability cover provides the correct protection.
Working near a party wall?
Get a site insurance quote that includes party wall contractual liability – online in minutes.
GET COVERED
Get a site insurance quote with party wall cover included
When you apply for a quote through Protek, we’ll ask whether your project involves works near a party wall and guide you through the rest of the process. If you’d like to discuss the requirements or your specific project in more detail, call our team on 0333 456 8030.
01.
Get a quote online
Tell us about your project – the type of work, proximity to the boundary and contract duration – and we’ll include party wall cover in your quote in minutes.
02.
Tailor your cover
Choose the level of cover that fits your project and budget. Party wall contractual liability can be included within your site insurance – no need for a separate policy.
Build with confidence
Receive your policy documents and begin your build knowing your project is protected from day one. Need to extend because your build is running over? Protek offers flexible short-term extensions.
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Party Wall Act Guide for Self-Builders
A plain-English guide to the Party Wall etc. Act 1996 – what it means for your project, when notices must be served, and how site insurance protects you.
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Self-Build Site Insurance Guide
Everything you need to know about site insurance for self-build, extension, renovation and conversion projects – what’s covered, when to buy, and how to get a quote.
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THE EXPERIENCED PROVIDER
The specialist insurer who understands party wall risk
Protek has been helping self-builders, renovators and developers manage their insurance requirements for over 10 years. We understand the party wall process and will guide you through what’s needed at the quote stage. Our site insurance can include party wall contractual liability as standard where required – ensuring you have the right protection before work begins.
COMMON QUESTIONS
Frequently asked questions
Why doesn't my public liability insurance cover party wall damage?
Standard public liability policies cover unforeseen damage – such as an unexpected accident. However, if you are carrying out works adjacent to a party wall, any damage caused is considered foreseeable rather than unforeseen. As a result, public liability will not respond. A separate party wall contractual liability policy – which Protek can include within your site insurance – is the correct cover.
Does the Party Wall Act apply in Scotland and Northern Ireland?
The Party Wall etc. Act 1996 applies in England and Wales only. In Scotland and Northern Ireland, similar exposure exists under Common Law. The principle is broadly the same – you could be held liable for damage caused to a neighbouring property by your works – and appropriate contractual liability cover is recommended regardless of jurisdiction.
What notice do I need to serve on my neighbour?
The Act requires you to serve written notice before carrying out notifiable works. The notice period is typically one month for work on an existing party wall, or two months for a new building on the boundary line or for excavation near foundations. The Department for Communities and Local Government has produced a helpful guide to the notice requirements.
What happens if my neighbour objects?
Your neighbour cannot stop lawful works from going ahead, but they can affect how and when they are carried out. If they dissent to your notice, a dispute resolution process begins. One or two surveyors must be appointed to draw up a Party Wall Award – a formal document setting out the rights and responsibilities of both parties and the conditions under which the works may proceed.
What projects need a condition survey?
A condition survey of the neighbouring property is strongly recommended – and often required by the party wall process – before any notifiable works begin. It records the existing state of the property, including any pre-existing cracks or damage, and provides evidence in the event of a future dispute about what damage, if any, was caused by your works.
How does Protek handle party wall liability in the quote process?
When you apply for a Protek site insurance quote, we will ask whether your project involves works on or adjacent to a party wall. If it does, we will guide you through the process and can include contractual party wall liability cover within your policy – subject to you following the requirements of the Act, including serving the correct notice and having a condition survey carried out.
ALSO REQUIRED
Don't forget - you'll also need site insurance
Party wall contractual liability is included within Protek’s site insurance policy. If you don’t already have site insurance for your project, you’ll need to arrange this first – it covers your contract works, materials, plant, tools and equipment, and liability throughout the build.
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Protek site insurance with party wall contractual liability cover – protecting your project and your neighbours.
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