If you own a property in England or Wales, chances are you’ll come across the term party wall at some point — especially if you’re planning building work. But what exactly does it mean, and why does it matter?
A party wall is a shared wall, boundary, or structure that separates two properties. Because it directly affects more than one owner, any works involving it are regulated by the Party Wall etc. Act 1996. This law has applied across England and Wales since 1 July 1997 (but not in Scotland or Northern Ireland) and is designed to prevent disputes by setting out a clear process for notices, agreements, and dispute resolution.
When Does the Party Wall Act Apply?
You’ll need to serve a party wall notice if your works could affect a shared or adjoining structure. Typical examples include:
- Building a new wall along the boundary line.
- Cutting into or altering an existing party wall.
- Excavating near a neighbour’s foundations.
- Underpinning or demolishing a party wall.
- Inserting steel beams for a loft conversion.
- Raising the height of a party wall.
- Building new foundations within three metres of a neighbour’s property.
Routine maintenance or minor repairs usually don’t require notice, but if in doubt, it’s always best to check with a qualified surveyor.
How the Process Works
- Prepare and Serve a Notice
The building owner (or their surveyor) prepares a notice, including drawings and details of the proposed works. This must be served on all affected neighbours (adjoining owners). - Neighbour’s Response
The adjoining owner can:- Consent → no further action is needed.
- Dissent or ignore → surveyors are appointed, and a formal Party Wall Award is prepared.
- Surveyor’s Role
Surveyors ensure the works are lawful, safe, and fair.
The Three Types of Party Wall Notice
- Section 2 Notice → for works directly affecting an existing party wall (e.g., cutting into it, altering, or removing sections). Requires two months’ notice.
- Section 1 Notice → for building a new wall at the boundary line. Requires one month’s notice.
- Section 6 Notice → for excavation near a neighbour’s foundations. Requires one month’s notice.
What Is a Party Wall Award?
A Party Wall Award is a legally binding document prepared by surveyors when a notice is dissented or ignored. It sets out:
- The scope of the works.
- Access rights and working hours.
- Protective measures for the neighbour’s property.
- Procedures for handling damage and compensation.
- How disputes will be resolved.
This ensures the project proceeds smoothly, fairly, and within the law.
What If You Skip the Party Wall Act?
Carrying out works without following the Act can lead to:
- Injunctions halting your project.
- Legal disputes with neighbours.
- Costly delays to your build.
It’s always better to follow the proper process from the start.
Who Can Act as a Party Wall Surveyor?
The Act allows anyone who isn’t directly involved in the matter to act as a surveyor. However, in practice, it’s crucial to appoint a qualified, experienced, and impartial professional.
At Simple Survey, our surveyors are accredited. Party walls don’t need to be complicated, but they do need to be handled correctly. Whether you’re planning a loft conversion, extension, or boundary wall, understanding your rights and obligations under the Party Wall etc. Act 1996 will save you time, money, and potential disputes.
Need Expert Advice on Party Walls?
We’re here to help with notices, surveys, awards, and dispute resolution.
📩 Email us today at team@simplesurvey.co.uk