Thinking about an extension, loft conversion, or digging new foundations? If the works touch a shared wall, boundary, or your neighbour’s foundations, the Party Wall etc. Act 1996 may apply. Here are the ten questions we hear most often—answered clearly, without jargon—so you can move from “not sure” to “sorted”.
1) Do my works actually need a Party Wall Notice?
Usually yes if you’re doing one (or more) of the following:
- Building a new wall at the boundary (up to, or astride, the line of junction).
- Working on a party structure (e.g., cutting into a shared wall for steels, removing projections such as a chimney breast, raising/underpinning/repairing a party wall).
- Excavating near a neighbour’s structure (within 3m and deeper than their foundations; or within 6m for deeper works like piles).
Not all home improvements are notifiable, but if in doubt, get advice before you start. Serving valid notices costs far less than unpicking a legal tangle mid-build.
2) What’s the difference between Sections 1, 2 and 6?
- Section 1: New walls at or across the boundary. Building astride the boundary needs your neighbour’s written consent; otherwise the wall must be entirely on your land.
- Section 2: Works to an existing party wall/structure (e.g., cutting in for beams, raising, rebuilding, inserting flashings).
- Section 6: Adjacent excavation (3m/6m rules) where your new foundations go deeper than your neighbour’s.
Each section has its own notice rules and timings.
3) How much notice do I need to give?
- Section 1 (new boundary walls): 1 month minimum.
- Section 2 (works to party structures): 2 months minimum.
- Section 6 (excavation): 1 month minimum.
The clock starts on service. Plan ahead so the legal timeline doesn’t hold up your start date.
4) Can I just tell my neighbour verbally?
No. Notices must be in writing and must contain specific information: who’s doing what, where, when, and under which section(s) of the Act. For Section 6, you also need plans/sections of foundations. You can hand-deliver, post, or email (email requires prior agreement to receive documents electronically). Use official templates and get the details right—invalid notices waste time.
5) What happens after I serve a notice?
Your neighbour (the Adjoining Owner) has 14 days to respond:
- Consent in writing; or
- Dissent and appoint an Agreed Surveyor (one impartial surveyor for both parties); or
- Dissent and appoint their own surveyor (you then appoint yours; both select a Third Surveyor as a back-stop).
No reply within 14 days? It’s a deemed dispute. You issue a 10-day request to appoint; if still no response, a surveyor can be appointed on their behalf (not the same as yours).
6) Who pays the fees?
In most cases, the Building Owner (the party doing the works) pays the reasonable fees of the surveyor(s) administering the Act. “Reasonable” is decided by the appointed surveyor(s), and if necessary, by the Third Surveyor. Choosing an efficient route (e.g., Agreed Surveyor where appropriate) can control costs and keep momentum.
7) What’s an Agreed Surveyor—and is it right for us?
An Agreed Surveyor is a single, impartial professional appointed jointly by both owners to administer the process and make the Party Wall Award. Benefits:
- Quicker: fewer moving parts, faster decisions.
- Cheaper: only one set of professional fees.
Consider separate surveyors if relations are strained or the scheme is unusually complex. Either route can work well when managed professionally.
8) What if my neighbour refuses access or just won’t engage?
The Act anticipates non-engagement so projects aren’t held hostage. If there’s no response, the dispute process continues and a surveyor can be appointed on the neighbour’s behalf. For access, the Act grants necessary rights—subject to reasonable notice and safeguards. Extreme scenarios are rare; clear communication usually resolves practical issues.
9) Can I start work as soon as I’ve served notice?
No. You must wait for one of the following:
- Written consent from the Adjoining Owner (and the notice period can be waived by agreement), or
- A Party Wall Award authorising the works after dissent/deemed dispute.
Even with consent, stick to what you notified; significant changes can require fresh notices.
10) What if my neighbour starts notifiable works without serving notice?
“No Notice, No Act.” If a building owner skips notices and ploughs on, the statutory process hasn’t been engaged. The Adjoining Owner can seek legal remedies (including an interim injunction) and pursue claims under common law. It’s almost always quicker, cheaper and calmer to bring the works back under the Act and regularise the position promptly.
What does a Party Wall Award actually do?
An Award (sometimes called a Party Wall Agreement) is the surveyor’s legally binding decision that:
- Authorises the notifiable works;
- Sets the time and manner of executing them (e.g., hours, methods, protections);
- Confirms access arrangements under the Act;
- Deals with costs and any security for expenses (where appropriate).
It’s served on both owners and becomes enforceable. Either party has 14 days to appeal on points of law in the County Court—so drafting it correctly matters.
Practical tips to keep your project moving
- Talk early: a friendly heads-up, simple drawings and clear timelines defuse worry and reduce the chance of knee-jerk dissent.
- Serve accurate notices: names, addresses, sections, dates, and attachments must be spot-on.
- Choose the right surveyor setup: Agreed Surveyor for straightforward, cooperative jobs; separate surveyors for complex designs or frosty relations.
- Stay flexible: minor compromises on logistics (e.g., sequencing, hours) go a long way with neighbours.
Ready to make this painless?
At Simple Survey, we specialise in Party Wall notices and awards across England & Wales. We’ll:
- Confirm whether your works are notifiable,
- Draft and serve valid notices,
- Advise on the best route (Agreed or separate surveyors),
- Prepare and serve the Award swiftly so you can start on time.
Don’t let paperwork delay your build.
Call us now or email team@simplesurvey.co.uk for fast, fixed-fee guidance and a clear path to a compliant start date.