If you’re planning building works in England or Wales, one of the first questions you should ask is whether you need a Party Wall Agreement. Understanding when the Party Wall etc. Act 1996 applies will help you avoid disputes, protect your property, and stay compliant with the law.
What Is a Party Wall?
A party wall is any wall or structure shared between two properties. This could include:
- The dividing wall between terraced or semi-detached houses
- A garden wall that sits on or across a boundary
- Floors or ceilings between flats
Because these structures are jointly owned or affect adjoining property, works on or near them are subject to special legal protections.
The Party Wall Act — A Legal Safeguard
The Party Wall etc. Act 1996 sets out the rules for building on or near shared structures. It requires a Building Owner to:
- Serve notice on adjoining neighbours before carrying out certain types of work
- Allow for a dispute resolution process if the neighbour does not consent
- Protect the neighbour’s property during the works
Compliance with the Act is not optional. Failing to serve proper notice can result in court action, delays, and liability for damages.
When Is a Party Wall Agreement Needed?
A Party Wall Agreement (also called a Party Wall Award) is usually required if you are:
- Carrying out a loft conversion or extension that affects a shared wall
- Building a new wall on or astride a boundary line
- Excavating within 3–6 metres of a neighbour’s property, depending on depth
- Underpinning, raising, or altering an existing party wall
By contrast, minor works such as plastering, rewiring, or shelving installations do not require a Party Wall Agreement.
Serving a Party Wall Notice
Before work can begin, you must serve a formal Party Wall Notice:
- 2 months’ notice for works to a party wall or structure
- 1 month’s notice for excavations or boundary walls
Neighbours then have 14 days to respond. If they:
- Consent → Works can proceed.
- Dissent or fail to reply → This triggers a “dispute”, requiring surveyors to prepare a Party Wall Award.
Consequences of Non-Compliance
Ignoring the Act can lead to:
- Court injunctions stopping your works
- Claims for damages to neighbouring property
- Increased costs and delays if disputes escalate
In some cases, retrospective Party Wall Awards may be agreed, but this is far from ideal and can be costly.
Why Use Simple Survey?
At Simple Survey, we make the process clear and cost-effective:
- Party Wall Notices from £25.00
- Party Wall Awards capped at £325.00
- RICS-regulated surveyors providing impartial, professional advice
- Coverage across England and Wales
We specialise in avoiding disputes before they arise, ensuring both you and your neighbours are protected.
📩 Contact team@simplesurvey.co.uk, England and Wales’ most cost effective Party Wall Surveying team with Party Wall Notice fees from £25.00 and Party Wall Award fees capped at £325.00. We will not be beaten on price!