The Party Wall Act was created to prevent disputes and promote cooperation between neighbours when construction work could affect a shared wall, boundary, or nearby foundations. It applies to all properties, but listed buildings often require extra care, as their structures can be more vulnerable to damage.
Getting specialist advice early is vital. Surveyors can assess the structural impact of your plans, but remember: legal issues such as planning permission, building control, listed building consent, restrictive covenants, and even lender or insurer requirements must also be addressed before works begin.
When Does the Party Wall Act Apply?
The Act covers a wide range of works, including:
- Building a new wall along the boundary.
- Altering or removing an existing party/boundary wall.
- Excavating near a neighbouring property.
If your project falls into one of these categories, you must comply with the Act. Failing to do so can trigger disputes and leave you liable for damage claims.
👉 The Government has published guidance with examples, notice periods, and draft templates, which can be a useful starting point.
Key Steps Under the Party Wall Act
1. Serving a Party Wall Notice
Before works begin, the homeowner must serve notice to affected neighbours. It’s always best to discuss plans informally first to reduce friction.
The notice should include:
- A clear description of the proposed works.
- A timeline for when the work will begin.
2. Neighbour’s Response
After receiving notice, your neighbour can:
- Consent – allowing the work to proceed.
- Dissent – which triggers the surveyor process.
If no reply is received within 14 days, the law assumes a dispute.
3. Appointing Party Wall Surveyors
If a dispute arises, each party can appoint their own surveyor (or agree on a single joint surveyor).
Surveyors work to:
- Protect both parties’ interests.
- Produce a legally binding Party Wall Award.
- Appoint a third surveyor if agreement can’t be reached.
4. Party Wall Award
The award sets out:
- What works can be done, and when.
- Protective measures to safeguard adjoining properties.
This award is legally binding. It can only be challenged in County Court within 14 days of being issued.
Rights & Responsibilities Under the Act
- Building Owners: Have the right to carry out approved works and, with notice, to access a neighbour’s property if necessary.
- Adjoining Owners: Have the right to be properly notified, to challenge works, and to claim for damage or breaches.
Both parties must act reasonably to avoid unnecessary disruption or harm.
What If You Don’t Comply?
The Party Wall Act doesn’t impose heavy statutory penalties, but ignoring it is a serious risk.
If you fail to serve notice:
- You lose the Act’s protections, including access rights.
- You can face claims for trespass, damage, or injunctions to halt work.
- Disputes may have to be settled in court, which is far more costly and time-consuming.
Protect Your Project — and Your Neighbour’s Peace of Mind
The Party Wall Act is about more than ticking a legal box — it protects your home, your neighbour’s property, and your relationship with them. For listed buildings, expert handling is especially critical.
At Simple Survey, we specialise in guiding homeowners through the Party Wall process, ensuring compliance, protecting your project, and minimising risks.
đź“© Email our team today at team@simplesurvey.co.uk for clear, expert advice before you start work.