If you are planning to build a new property or make alterations to an existing one, you may need to comply with the Party Wall etc. Act 1996. This legislation is designed to protect both Building Owners (those carrying out works) and Adjoining Owners (neighbours affected by the works).
Party Wall Notices
If your proposed works will affect a shared wall, boundary, or even excavations close to a neighbour’s foundations, you are legally required to serve a Party Wall Notice before starting.
A valid notice must:
- Clearly describe the proposed works
- Reference the correct sections of the Party Wall Act
- Be served to all affected owners (including leaseholders with leases over 12 months and freeholders)
Once served, neighbours have 14 days to respond.
Party Wall Awards
If an Adjoining Owner consents to the Notice, work can usually proceed without further process.
If they dissent or fail to reply, a Party Wall Award will be required. This is prepared by one impartial Agreed Surveyor, or by two surveyors (one for each party).
The Award is a legally binding document that:
- Confirms how and when the works can proceed
- Includes protective measures for the neighbour’s property
- Provides a record of the condition of the adjoining property
- Sets out procedures for resolving disputes or damage claims
In almost all cases, the Building Owner is responsible for surveyor costs.
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