Thinking about an extension or other work near a neighbour? If the works could affect a shared wall, boundary or nearby foundations, the Party Wall etc. Act 1996 probably applies. The Act isn’t there to block projects—it’s a framework that lets you build while protecting both sides when the works might impact a neighbour.
Below is a tidy, accurate guide (with links to official templates) so you can follow the process, avoid delays, and keep relations friendly.
What the Act Covers (more than just “shared walls”)
Under the Act, “party” elements include:
- Party walls: walls separating two properties (e.g., between semis/terraces).
- Party fence walls: freestanding masonry garden walls that straddle the boundary (timber fences are not party fence walls).
- Party structures: horizontal separators such as floors/ceilings between flats.
- Adjacent excavations: new foundations close to a neighbour’s structure (see Section 6 below).
Which works are notifiable?
You must serve a Party Wall Notice before starting any notifiable work. The main categories are:
Section 1 — New walls at the boundary (line of junction)
- Building a new wall up to the boundary on your land.
- Proposing a new wall astride the boundary (half on each side). Building astride needs your neighbour’s written consent. Without it, the wall must be built wholly on your land.
- Minimum notice: 1 month.
Section 2 — Works to existing party structures
Typical examples:
- Cutting into a party wall (e.g., for steel beams or a damp-proof course).
- Cutting projections off a party wall (e.g., chimney breast removal).
- Raising, underpinning, repairing, demolishing and rebuilding a party wall.
- Inserting flashings into a neighbour’s wall where you build against it.
- Minimum notice: 2 months.
Section 6 — Adjacent excavation
Excavation is notifiable where both apply:
- Within 3 m of a neighbour’s structure and deeper than their foundations; or
- Within 6 m and your excavation falls within a 45° line down from the neighbour’s foundation (typical with deep works like piles).
- Plans & sections must accompany the notice.
- Minimum notice: 1 month.
Rule of thumb: if your works may affect a party structure or nearby foundations, assume notice is needed and get advice early.
Boundary wall rules (quick clarity)
- Astride the boundary (shared): only with the Adjoining Owner’s written consent (s1(2)).
- Wholly on your land: always permissible under the Act (subject to notice) (s1(5)).
- Garden walls: only masonry walls that straddle the line are “party fence walls.” A wall built wholly on one side is a boundary/garden wall, not a party fence wall.
Timing & validity
- Serve Section 1 & 6 notices at least 1 month before works; Section 2 at least 2 months.
- Notices generally remain effective for 12 months to start the notified work once agreed/authorised.
How to serve notice (and get it right)
A valid notice should include:
- The building and adjoining owners’ names/addresses.
- A clear description of the notifiable works (keep it plain: “loft steels into party wall,” “rear extension foundations within 3 m,” etc.).
- The intended start date (after the statutory period, unless waived in writing).
- Reference to the relevant section(s) of the Act.
- Drawings/sections where required—mandatory for Section 6 excavations.
You can use the official gov.uk templates here:
https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance#example-letters
Serve by hand, post, or email (email needs the recipient’s prior agreement to e-service). If an owner is unknown, you can address “The Owner” and fix the notice to a conspicuous part of the premises.
How neighbours can respond
The Adjoining Owner has 14 days from receipt to reply:
- Consent in writing
- The parties can agree in writing to waive the remainder of the notice period so works can start sooner.
- Consenting does not remove your neighbour’s general rights under the Act if a later dispute specifically arises.
- Dissent and appoint an Agreed Surveyor (one impartial surveyor acting for both owners).
- Dissent and appoint their own surveyor (you then appoint yours; both surveyors select a Third Surveyor as a back-stop).
No reply?
After 14 days, a dispute is deemed to have arisen. The Building Owner issues a 10-day request asking the Adjoining Owner to appoint a surveyor. If there’s still no response, the Building Owner may appoint a surveyor on their behalf under s10(4) (this cannot be the same person acting for the Building Owner).
Who pays?
In most domestic cases, the Building Owner pays the reasonable surveyors’ fees for administering the Act (including the Adjoining Owner’s surveyor if separate surveyors are appointed). Reasonableness can be determined by the surveyors—and, if needed, by the Third Surveyor.
The Party Wall Award (a.k.a. Agreement)
If there’s a dissent (or deemed dissent), the appointed surveyor(s) will make a Party Wall Award. Expect it to cover:
- What work is authorised and the time/manner of executing it (e.g., working hours; methods; protections).
- Any access arrangements permitted under the Act.
- Provisions about damage/compensation and any security for expenses if required.
- Fees and who pays them.
The Award is served on both owners and is binding. There’s a 14-day window to appeal to the County Court if either party believes it errs in law.
Practical pointers to keep things smooth
- Talk early: give your neighbour a heads-up before the formal notice. Share simple drawings; explain what’s happening and why.
- Be timely and accurate: get names/addresses right, include the right attachments, and pick the correct sections.
- Choose your route wisely:
- Agreed Surveyor = usually faster/cheaper for straightforward works and cooperative neighbours.
- Separate surveyors = helpful where the scheme is complex or relations are strained (you also have the Third Surveyor “safety valve”).
- Keep records & be reasonable: the Act expects both sides to avoid unnecessary inconvenience.
Templates & guidance (official sources)
- Notice templates (gov.uk):
https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance#example-letters - Government explanatory booklet and the RICS guidance note give fuller background and good practice.
Handled properly, the Party Wall process unlocks your project while protecting your neighbour. Get the notices right, respect the timings, choose the right surveyor setup for your situation, and you’ll minimise risk, cost and friction—so the build can get on with… well, building.
Want proportionate protection without the drama?
Email team@simplesurvey.co.uk. Simple Survey are the lowest-cost party wall surveyors across England & Wales. We’ll review your notice, recommend the calmest effective route (conditions in an Award, Third Surveyor referral, or injunction/appeal triage), and put robust safeguards in place to protect your home.