Planning a loft conversion, rear extension or structural alterations? If your works touch a shared wall, sit on/near a boundary, or involve deeper foundations, the Party Wall etc. Act 1996 likely applies. The Act is a work-enabling framework: it grants rights to build while protecting neighbours from unnecessary inconvenience. It also imposes clear duties on both the building owner (the party doing the work) and the adjoining owner (the neighbour). Get those duties right and you’ll save time, money, and neighbourly goodwill.
Below is a plain-English guide to what each owner must (and must not) do—plus practical steps to keep everything smooth.
Building Owner: your core duties
1) Serve valid notices, in time
You must notify every relevant owner affected by notifiable works:
- Section 1 (new walls at/astride boundary): 1 month minimum.
- Section 2 (works to party structures): 2 months minimum.
- Section 6 (adjacent excavation): 1 month minimum.
Your notice must name the owners, describe the works, state an intended start window consistent with the Act, and reference the relevant section(s). For excavations, include plans/sections showing location and depth. Late or defective notices are the single biggest cause of avoidable delay.
2) Respect neighbour response rights
Adjoining owners have 14 days to respond:
- Consent in writing, or
- Dissent and appoint an Agreed Surveyor, or
- Dissent and appoint their own surveyor.
No reply? Serve a 10-day request. If there’s still no response, a dispute is deemed to have arisen and you may appoint a surveyor on their behalf under Section 10(4) so the process continues.
3) Work within the agreed/legal framework
Once the statutory process is engaged, proceed only in accordance with the Act and any formal documentation agreed under it. That includes sticking to agreed methods, timings, and neighbour-protection measures, and keeping access arrangements reasonable and proportionate.
4) Compensate for loss or damage
Under Section 7(2), you must compensate adjoining owners/occupiers for loss or damage resulting from works executed in pursuance of the Act. Resolve issues promptly and in good faith.
5) Consider Security for Expenses (where appropriate)
For higher-risk or prolonged schemes (e.g., deep excavations, basement-type works), an adjoining owner may request Security for Expenses under Section 12—a ring-fenced sum to cover making good or essential protections should the project stall or issues arise. Budget for this possibility.
6) Exercise access rights reasonably
Where the Act grants access (e.g., to erect protections or safely execute notifiable works), give written notice (usually 14 days), minimise inconvenience, and ensure reinstatement is prompt and tidy.
Adjoining Owner: your core duties
1) Engage with notices promptly
You have 14 days from receipt to reply. If you need more information, ask promptly. Silence triggers the statutory 10-day follow-up and can remove your ability to choose your own surveyor.
2) Be reasonable about access
Where access is legitimately required under the Act, you should allow it on reasonable notice and conditions. You’re entitled to protections and to compensation for actual loss, but blanket refusal can backfire.
3) Use the Act’s process (not planning/building control)
Party Wall rights are separate from planning permission and building control. Keep concerns within the correct process so they can be resolved quickly and lawfully.
Practical advice to keep things friction-free
- Talk early. A short, friendly chat before notices land demystifies the process and reduces knee-jerk dissents.
- Be clear on drawings. Ensure proposals are legible, consistent, and match what’s described in the notice. Ambiguity breeds disputes.
- Map your ownership list. Don’t miss freeholders, long leaseholders, or multiple flat owners. Wrong/missing parties = restart and delay.
- Time your programme sensibly. Build in the statutory periods and a realistic window for documentation; rushing usually costs more.
- Keep records tidy. File notices, responses, and formal documents in one place—buyers’ solicitors often ask for them on resale.
- Escalate smartly. If a narrow issue sticks, a focused referral within the Act is usually cheaper and faster than letter-tennis.
Transparent, fixed pricing
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted).
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee, depending on complexity and number of notices/owners.
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side. (The Adjoining Owner’s surveyor often bills hourly; we work to keep those costs reasonable and contained.)
- Complex works (deep excavations, multi-owner blocks): we’ll still offer the fixed pricing as above!
- No surprises, no creeping extras. You’ll know the number before we start.
FAQs
Do I always need to serve Party Wall Notices?
Only if your works fall within Section 1 (new walls at/astride the boundary), Section 2 (works to party structures), or Section 6 (adjacent excavation). If unsure, ask us—fast, free confirmation.
My neighbour is fine verbally—can we skip notices?
No. The Act requires written notices and formal responses. Skipping them risks injunctions, loss of access rights, and messy disputes later.
What if my neighbour doesn’t reply?
After 14 days, serve a 10-day request. If there’s still no response, the process deems a dispute and you can appoint a surveyor on their behalf under Section 10(4) to keep momentum.
Who pays the costs?
Usually the Building Owner pays the reasonable costs of administering the Act, because they benefit from the works. That typically includes the neighbour’s surveyor if they dissent and appoint one.
Can I build astride the boundary if I’ve served notice?
Only with the adjoining owner’s written consent under Section 1(2). Without consent, build wholly on your land.
What happens if I don’t serve any notice?
You risk injunctions, losing key rights (e.g., access), and shifting disputes into common law (trespass/nuisance/negligence)—almost always slower and more expensive.
How long does the process take?
You must allow for the statutory notice period (1–2 months, depending on section) plus time to complete the required documentation. Early, accurate notices and decisive engagement keep timelines tight.
Bottom line
The Party Wall Act is there to enable your project and protect everyone involved. Serve valid notices on time, respond promptly and reasonably, and keep communication open. Do that, and you’ll avoid most of the cost, delay, and friction owners worry about.
Need a fast, low-cost, fully compliant start?
Email team@simplesurvey.co.uk. We’ll confirm what’s notifiable, prepare and serve correct notices same or next working day, and steer you to the quickest compliant route—nationwide, fixed-fee, no surprises.
Simple Survey — fast, correct, low-cost Party Wall compliance.