For homeowners and developers in England & Wales
Quick note: This guide explains the Party Wall etc. Act 1996 in practical terms. It’s not a substitute for legal advice and it’s separate from planning permission and Building Regulations. Many projects need all three.
1) What the Act actually does
The Party Wall Act creates a fair, predictable process for building near shared boundaries. It lets a Building Owner carry out certain works lawfully, while making sure the Adjoining Owner is protected from damage and unnecessary disruption. If the neighbours can’t agree, the Act provides a fast, specialist dispute route via party wall surveyors instead of going straight to court.
The Act applies across England and Wales (not Scotland or Northern Ireland) and even binds public bodies.
2) Who counts as an “owner”?
For the Act, “owner” is wider than you might expect. It includes:
- Freeholders,
- Leaseholders with more than 12 months left,
- Buyers under contract, and
- Anyone entitled to receive rent.
A single property can therefore have several “owners” who must be notified.
3) When the Act applies (the three trigger areas)
Your project falls under the Act if it involves any of the following:
A) New wall on or at the boundary (Section 1)
- Building a new wall up to the boundary on your own land (no overhangs or projections).
- Proposing a new wall astride (across) the boundary—this needs your neighbour’s written consent.
B) Work to a shared structure (Section 2)
- Anything that alters, cuts into, supports, raises, exposes, repairs, demolishes or rebuilds a party wall, party fence wall (masonry garden wall on the line of junction), or a party structure (e.g., floors/ceilings between flats).
- Typical examples: inserting steel beams for a loft conversion, removing a chimney breast on a party wall, raising a party wall at roof level, underpinning a shared wall, renewing a DPC.
C) Excavations close to a neighbour (Section 6)
- Excavating within 3 metres of a neighbour’s structure to a depth below their foundation, or
- Excavating within 6 metres where your excavation would cut a 45° line drawn from the bottom of your neighbour’s foundation.
Planning & Building Control: Getting planning or Building Regulations approval does not remove Party Wall duties, and vice versa.
4) What is a “party wall” (and what isn’t)?
- Type A party wall: A wall astride the boundary, used by both properties—either part of one building or separating two buildings.
- Party fence wall: A masonry garden wall on the boundary used to separate land (not timber fences or hedges).
- Type B party wall: A wall wholly on one owner’s land but used by both (e.g., a neighbour later built up to it). Only the separating portion is “party.”
- Party structure: A wider term including floors/ceilings separating parts of buildings (common in flats).
Walls wholly on one owner’s land that do not separate buildings, and external walls built up to but not astride the boundary, are not party walls.
5) The procedure in practice (step‑by‑step)
Step 1: Serve valid notice(s)
- Section 1 & 6: Minimum 1 month before starting.
- Section 2: Minimum 2 months before starting.
- Notices must properly describe the works, identify the properties/owners, and for excavations include plans and sections showing depth and position.
- Serve to all owners: freeholders and qualifying long‑leaseholders. Service can be by hand, post, or email (only if the recipient has agreed and given an email address).
Step 2: Neighbour’s response (14 days)
- Consent in writing → Usually proceed without a formal Award.
- Dissent → Each party appoints a surveyor, or both agree on one Agreed Surveyor to act impartially for both.
- No reply → Treated as dissent, so the surveyor route starts. If an owner still won’t engage, a surveyor may be appointed on their behalf to prevent delay.
Step 3: The Party Wall Award
The surveyor(s) issue a legally binding document setting:
- How and when notifiable works are carried out (methods, sequencing, working hours),
- Protective measures (weathering, temporary works, vibration controls),
- Access arrangements and site rules where needed,
- Damage remedy: making good or a fair payment in lieu,
- Insurance requirements and (where proportionate) security for expenses,
- The drawings as attachments.
Step 4: Service & start on site
The Award is served on both owners. Once any statutory notice period has run (or is waived), the Building Owner may start the notifiable works in accordance with the Award. Either party has 14 days to appeal to the County Court on a point of law. Appealing does not automatically pause works; a stay must be sought if needed.
Step 5: Close‑out
If notifiable works caused damage, the Adjoining Owner can choose making good by the Building Owner’s contractor or a payment in lieu to use their own contractor. Any disagreement goes back to the surveyors.
6) Rights and duties you should know about
Building Owner
- Must serve valid notices and avoid unnecessary inconvenience.
- Must protect the neighbour’s property where needed and make good or compensate for damage caused by notifiable works.
- Gains temporary rights of access where necessary for the notified works (with 14 days’ notice, except emergencies).
- Usually pays the reasonable fees of the party wall process (both sides’ surveyors if appointed), unless the Act or Award fairly splits costs (e.g., repairs due to shared defect, or extra works requested by the Adjoining Owner for their benefit).
Adjoining Owner
- May consent or dissent and appoint surveyor(s).
- Can require reasonable protective measures and security for expenses on intrusive works (e.g., basements).
- Must allow necessary access for notified works and for the surveyors’ inspections (with proper notice).
- Retains the right to compensation for loss/damage caused by notifiable works.
7) Minor works that typically don’t need notice
Small, non‑structural tasks on your own side of the wall—fixing shelves, chasing shallow electrical runs, replastering—are generally too minor to require notice. If in doubt, ask us; the test is whether the work may affect the structural strength, support function, or condition of the party wall/structure.
8) Common pitfalls (and how to avoid them)
Serving the wrong people
Check title. Notify all relevant owners (freehold and long leases >12 months).
Weak excavation details
Section 6 notices need plans/sections and depths. Skimpy information risks invalidity and delay.
Assuming consent = no rules
Consent doesn’t waive your duty to avoid unnecessary inconvenience or to make good damage.
Boundary or rights‑of‑light disputes
These sit outside the Party Wall Act. Keep them separate to avoid contaminating the process.
9) Frequently asked questions
Can my neighbour stop my lawful works by dissenting?
No. Dissent simply triggers the Award, which sets safe, fair conditions so works can proceed.
How long do I have to start after serving notice?
Notices are generally valid for 12 months. Don’t serve too early; don’t leave it too late.
How do appeals work?
There’s a 14‑day window to appeal to the County Court on points of law. If you need the works paused while the court decides, you must apply for a stay.
Is the council involved?
No. It’s a civil process between owners. Councils aren’t parties to the Act (though they may be an Adjoining Owner if they own the neighbouring land).
10) What to do next
Whether you’re planning works or you’ve received a notice, the safest way to stay compliant and neighbourly is to get specialist guidance early. We’ll tell you exactly which notices you need, draft them correctly and agree a practical Award that keeps your build on programme.
📩 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!