If you or your neighbour plan a kitchen extension, loft conversion, basement or any work close to a shared boundary in England or Wales, the Party Wall etc. Act 1996 is likely to apply.
The Act exists to let well‑designed projects proceed while protecting adjoining properties from damage and occupants from unnecessary disruption. It sits alongside planning permission and Building Regulations: securing one does not remove the need to comply with the others.
The Act typically engages in three situations.
Notifiable Works
First, when building a new wall on or along the boundary. A wall wholly on your land right up to the line can be notifiable; a wall astride the boundary needs your neighbour’s written consent. If that consent is not given, you may still build up to the line on your land.
Second, when carrying out work to an existing party structure. A party structure includes the wall between terraced or semi‑detached houses, a masonry garden wall astride the boundary, and the floor or ceiling between flats. Typical notifiable works are cutting in beams for a loft, removing a chimney breast on a shared wall, underpinning, or temporarily exposing a party wall during building.
Third, when excavating close to a neighbour’s structure. Excavations within three metres that go deeper than the neighbour’s foundations, or within six metres where a 45‑degree line down from their foundation would be cut, will be caught. Many Victorian and 1930s homes have relatively shallow foundations, so modern extensions very often meet these thresholds.
The Act uses a broad definition of “owner”. Freeholders, long leaseholders with more than a year remaining, and people under contract to buy can all be owners for the purposes of notice.
Party Wall Notice
The process begins with valid notice… For works to party structures, the minimum notice period is two months.
For new boundary walls and adjacent excavation, the minimum is one month. Notices must be in writing, be dated, describe the works clearly and state the intended start date.
Excavation notices must enclose plans and sections showing the location and depth. Service may be by hand or post; email is acceptable only if the recipient has previously agreed to electronic service and provided an email address.
Tip: A courteous conversation before service helps avoid surprises and speeds agreement.
Responding to a Party Wall Notice
On receipt, the adjoining owner has fourteen days to respond.
They may consent in writing, which simply means nothing is in dispute at that moment; rights to protection and compensation still apply if damage later occurs.
They may dissent, which triggers the statutory dispute‑resolution procedure.
Or they may do nothing. Silence after fourteen days is treated as a dissent for party‑structure and excavation notices so that the process can move forward; for a proposal to build a new wall astride the boundary, silence means no consent, and you must build wholly on your land if you proceed.
Where there is a dissent, the parties either jointly appoint an Agreed Surveyor or each appoint their own surveyor, who then select a Third Surveyor to step in only if the two cannot agree.
Party Wall Surveyors
Party wall surveyors act under a statutory duty to be impartial. Their role is to balance the building owner’s right to build with the neighbour’s right to be protected from unnecessary inconvenience.
The surveyor(s) then make a Party Wall Award. This binding document confirms what may be done under the Act and sets out how and when it must be done.
Party Wall Awards
Typical provisions include working hours for noisy tasks, methods that minimise risk (for example hand tools at the party wall), protection measures, access arrangements including scaffolding where reasonably necessary, a mechanism for making good damage or paying a sum in lieu, and any security for expenses on riskier schemes.
Once served, the Award allows the building owner to start the notifiable works, subject to any remaining notice period. Either party may appeal to the County Court within fourteen days on a point of law; an appeal does not automatically pause the works, so a stay must be sought if needed.
Party Wall Costs
Costs are usually borne by the building owner, who pays for the notifiable works, the reasonable fees of the surveyor(s) and any technical advisers needed to make the Award.
Be Pragmatic
Handled early and correctly, the Act keeps projects moving and relationships intact. If you are unsure whether your plans are notifiable, ask a specialist party wall surveyor to review your drawings before you serve notice. A short check at the start is far cheaper than a stoppage later.
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