When properties share a boundary or sit close together, works on one site can affect the other. The Party Wall etc. Act 1996 sets out a clear legal framework to ensure neighbours are informed, protected, and given the chance to consent or raise concerns before works begin.
If consent isn’t granted and the situation is deemed “in dispute,” independent Party Wall Surveyors are appointed to resolve matters by issuing a legally binding Party Wall Award (sometimes called a Party Wall Agreement).
What Types of Work Does the Act Cover?
The Act applies to three main categories of work:
- Alterations to shared structures — typically party walls and floors/ceilings between flats.
- Construction of boundary walls — walls built directly on or astride the boundary line.
- Excavation near another property — digging foundations or basements close to an adjoining structure.
Examples of Works That Require Notice
- Installing steel beams into a party wall during a loft conversion
- Removing a chimney breast connected to a party wall
- Excavating foundations for an extension within 3 metres of a neighbour’s property
- Underpinning a party wall, often for basement developments
The Act applies to all adjoining land, whether owned privately, by councils, or by the Crown.
Why Serving Notices Correctly Matters
Before any notifiable work can begin, the Building Owner must serve a formal notice on the Adjoining Owner(s). This notice outlines the planned works and allows neighbours to respond.
To avoid errors or disputes, notices should be prepared and served by a qualified surveyor. At Simple Survey, our RICS-accredited surveyors ensure:
- Notices are issued properly and within the required timescales
- All relevant owners are identified (including through Land Registry checks if necessary)
- Neighbours receive clear and accurate information about the works
What Happens if Consent is Refused?
If written consent isn’t provided, the matter is considered “in dispute.” At this stage, one or more Party Wall Surveyors are appointed. Their role is impartial—they protect the rights of both sides and issue an Award that sets out:
- How and when the works may be carried out
- Protective measures to safeguard adjoining property
- Procedures for resolving damage, access, or compensation
Why Choose Simple Survey?
Whether you are planning works that fall under the Act or have received a notice from your neighbour, it’s vital to appoint an experienced surveyor. We:
- Provide clear, cost-effective advice
- Prepare and serve notices correctly
- Act impartially to resolve disputes quickly and fairly
- Keep projects compliant, neighbourly, and stress-free
📩 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!