The Party Wall etc. Act 1996 applies to both residential and commercial properties in England and Wales. Its purpose is to enable development while safeguarding neighbouring buildings against unnecessary risk or damage.
When the Act Applies
You must comply with the Act if your project involves:
- Excavating close to a neighbouring building (e.g. for an extension or basement).
- Altering, repairing, or rebuilding an existing party wall.
- Constructing a new wall on or along a boundary line.
⚠️ Minor works such as plastering, rewiring, or putting up shelves are not covered. However, structural works such as inserting a steel beam or adding a damp-proof course are notifiable under the Act.
If You Are the Building Owner
When planning notifiable works, you must:
- Serve a formal Party Wall Notice on all affected neighbours.
- Allow either 1 or 2 months’ notice, depending on the type of works.
- Respect your neighbours’ legal right to consent or dissent.
The Act is not designed to block development—it gives you the right to carry out improvements while ensuring your neighbours are informed and protected.
Failure to serve notice can lead to:
- Court injunctions halting your works.
- Costly legal disputes and compensation claims.
- Serious project delays.
If You Are the Adjoining Owner
If your neighbour is planning notifiable works, the Act provides clear protections.
Once you receive a Party Wall Notice, you have 14 days to respond:
- Consent – agree in writing and allow works to proceed.
- Dissent – refuse consent, which triggers the appointment of surveyor(s) to prepare a Party Wall Award.
Your key protections include:
- The Building Owner pays the reasonable surveyor costs, not you.
- The Building Owner is legally responsible for making good any damage caused.
- While you cannot prevent works permitted by the Act, you can influence how and when they take place.
Key Terms
- Party Wall – a wall on the boundary of two properties, or one built on a single owner’s land but used by both (e.g. a brick garden wall).
- Notifiable Works – works that fall under Sections 1, 2, or 6 of the Act (new boundary walls, alterations to a party wall, or nearby excavations).
- Party Wall Award – a legally binding document prepared by surveyors that sets out how works will be carried out, protections for the adjoining property, and each party’s rights and responsibilities.
Serving a Party Wall Notice
- Notices must be served at least 2 months before works to a party wall or boundary wall, or 1 month before excavations.
- Speaking to neighbours informally first often reduces disputes.
- While Building Owners can serve notices themselves, errors can render them invalid. A professional surveyor ensures compliance and avoids costly delays.
What Happens After a Notice?
- If neighbours consent – works can proceed once the notice period has passed.
- If neighbours dissent or do not reply – surveyors are appointed to prepare a Party Wall Award, which sets out the method and timing of work.
The Award is legally binding but may be appealed in court within 14 days.
✅ Need expert guidance?
Whether you’re planning notifiable works or responding to a notice, our team of qualified Party Wall Surveyors will help you stay compliant, avoid disputes, and protect your property.
📩 Contact us today for free initial advice.