Planning a loft conversion, an extension, or even removing a chimney breast? If your project affects a wall or boundary shared with a neighbour, the Party Wall etc. Act 1996 likely applies. This law sets out how to notify neighbours, resolve disagreements, and carry out works without risking costly disputes.
Many homeowners find the Act confusing. Notices, deadlines, and surveyors can feel like a legal minefield. But with the right guidance, it becomes a straightforward process.
Why the Act Exists
The Act is designed to:
- Protect both building owners and neighbours (called “adjoining owners”)
- Prevent arguments before they escalate into legal battles
- Provide a fair framework for managing building works on or near shared boundaries
Think of it as a rulebook for neighbourly building — it makes sure your project can move forward while safeguarding your neighbour’s property.
Who Needs to Follow the Party Wall Act?
You are a building owner under the Act if you plan to:
- Build a new wall on or up to the boundary line
- Cut into or alter a party wall (e.g. inserting beams for a loft conversion)
- Excavate foundations within 3–6 metres of your neighbour’s structure
- Remove shared features such as chimney breasts
Your neighbour is the adjoining owner if their property could be affected. They have a legal right to be notified and to respond in writing.
Notices: What You Must Do
Before works begin, you must serve written notice on adjoining owners. Verbal agreements or informal chats aren’t enough.
Notice deadlines:
- 2 months before work to an existing party wall or party fence wall
- 1 month before excavation works or building on the boundary line
If your neighbour consents in writing, you can usually proceed. If they dissent (or don’t reply within 14 days), a dispute is triggered.
What Happens if There’s a Dispute?
A dispute doesn’t mean going to court. Instead, the Act requires the appointment of surveyors:
- Both parties can agree to use a single surveyor (an “Agreed Surveyor”), or
- Each side can appoint their own surveyor
The surveyor(s) will prepare a Party Wall Award, a legally binding document that sets out:
- How and when works will be carried out
- Protective measures for neighbouring property
- What happens if damage occurs
Surveyors act impartially — their role is to protect the process, not to “take sides.”
Common Projects That Trigger the Act
- Loft conversions: inserting steel beams into party walls
- Extensions: excavating foundations close to a neighbour’s property
- Chimney breast removal: where the chimney is attached to a shared wall
- Basement conversions: underpinning or major excavation near adjoining structures
Even relatively small works can be notifiable if they affect the structure of a shared wall.
Your Rights and Responsibilities
As the building owner, you have the right to improve your property — but you must:
- Serve correct notices in time
- Pay surveyor fees (including your neighbour’s, if they appoint their own)
- Repair any damage caused by your works
Adjoining owners have the right to:
- Request protective measures
- Appoint their own surveyor
- Receive compensation if damage occurs
Avoiding Delays and Disputes
Most problems arise from poor communication. Here’s how to keep things on track:
- Speak to your neighbour early — explain your plans before serving notice
- Provide drawings or timelines to reassure them
- Appoint a surveyor as soon as possible to avoid mistakes or delays
Frequently Asked Questions
Do I need planning permission as well as a Party Wall Notice?
Yes — the Party Wall Act is separate from planning permission and building regulations.
What if my neighbour ignores the notice?
Silence after 14 days counts as dissent. You’ll then need to appoint surveyors.
Who pays for surveyors?
Normally the building owner covers all surveyor fees.
Can I choose my neighbour’s surveyor?
No — they appoint their own, unless you both agree to a single surveyor.
How long does the process take?
It depends, but allow at least 1–2 months before starting work.
📩 Free Advice on the Party Wall Act
Not sure if your project falls under the Act? Send your plans to team@simplesurvey.co.uk for a free consultation. We’re the cheapest Party Wall Surveyors in England & Wales, offering expert guidance to keep your project moving without delays.