A party wall is a structure that separates two adjoining buildings, often with the boundary line running through the middle. If you plan to carry out work that directly affects a shared wall, you are legally required to notify your neighbour in advance, setting out what you intend to do and when you plan to start. At Simple Survey, we can assist with preparing and serving the necessary notices to keep your project compliant.
Does the Act Apply If I Don’t Share a Wall?
Yes, in many cases it does. The Party Wall Etc. Act 1996 covers more than just shared walls. It also applies if:
- You are constructing a new wall at or along the boundary line.
- You are carrying out excavation (for example, digging foundations) close to your neighbour’s property.
Excavation Rules
Excavation falls under the Act if it is:
- Within 3 metres of a neighbouring property and deeper than their foundations.
- Within 6 metres if the excavation is especially deep.
What Happens Once My Neighbour Receives Notice?
Your neighbour can:
- Provide written consent if they are comfortable with the work.
- Seek professional advice before deciding.
- Dissent, which means formally objecting and appointing a surveyor to safeguard their interests.
If no reply is given within 14 days, the law treats this as dissent, automatically triggering the dispute resolution process.
What Does “Dispute” Mean?
A dispute does not mean hostility between neighbours. It simply activates a legal process where surveyors are appointed to ensure the work is safe and fair to both parties.
The Role of the Surveyor
Surveyors review the plans, assess potential risks, and agree on measures to protect the adjoining property. They also ensure the works cause as little inconvenience as possible. While technically anyone can act as a surveyor, it is strongly advised to appoint a qualified professional familiar with party wall procedures.
Who Pays the Costs?
In most cases, the building owner carrying out the works pays the surveyors’ fees. At Simple Survey, we offer a fixed cost of £25 + VAT for drafting and serving all required Party Wall Notices — making us the UK’s most affordable choice.
Damage to a Neighbour’s Property
If damage occurs, the Act allows either for the building owner’s contractor to make repairs or for financial compensation to be provided so the neighbour can use their own contractor. Where disputes arise, the Act provides a structured resolution process.
What If I Don’t Follow the Act?
Starting work without complying with the Party Wall Etc. Act can leave you open to injunctions that stop your project, and disputes may escalate into costly civil litigation. Serving the correct notices protects you and keeps your project moving forward legally.
The Rules in a Nutshell – 1, 2, 3
You must serve a Party Wall Notice if:
- You excavate within 3 metres of a neighbouring structure.
- You build a new wall at or across the boundary line.
- You carry out works on a shared party wall.
📩 Need expert guidance at the lowest cost in the UK? Contact our team today at team@simplesurvey.co.uk.