Short answer: often, yes. Building on your land doesn’t automatically remove your duties under the Party Wall etc. Act 1996.
The Act is triggered by what you do and where you do it—not who owns the soil. If your works are close to a boundary, affect a shared wall/structure, or require deeper excavations near a neighbour’s foundations, you’ll likely need to serve a valid Party Wall Notice before you start.
Below is a plain and simple guide so you can plan confidently, avoid disputes, and keep your programme moving.
When a Notice Is Required (Even on Your Own Land)
1) New walls at or across the boundary (Section 1)
- Up to the boundary (on your land): Notice required (1-month minimum).
- Astride the boundary (half on each side): Neighbour’s written consent required. Without consent, you must build wholly on your land.
2) Works to an existing party structure (Section 2)
You need notice (2-month minimum) if you plan to:
- Cut into a party wall (e.g., to insert steels, DPCs, chases).
- Cut away projections (e.g., chimney breast removal).
- Raise, underpin, demolish & rebuild, or otherwise alter a party wall/party fence wall.
- Insert flashings into a neighbour’s boundary wall.
3) Excavation near a neighbour’s structure (Section 6)
You need notice (1-month minimum) if:
- You will excavate within 3 metres of a neighbour’s building/structure and deeper than their foundations; or
- You will excavate within 6 metres and your proposed depth triggers the 45° rule (e.g., piles, deep foundations).
Key point: The Act is distance- and depth-based. You can be wholly on your land and still be notifiable because your work may affect a neighbouring structure.
Typical Timings & Responses
- Notice periods:
- Section 1 & 6: 1 month minimum
- Section 2: 2 months minimum
- Neighbour response: 14 days to consent or dissent. If silent, a further 10-day request can be served. Continued silence = deemed dispute, so surveyors step in under Section 10.
- Validity window: Once authorised, you typically have 12 months to start the notified works.
Why Bother if Everything’s on My Land?
Because skipping the Act can be costly:
- Injunction risk: Your neighbour can ask the court to stop the works until you comply.
- Programme & cost pain: Emergency legal wrangling is slower and pricier than serving a proper notice early.
- Lost rights: The Act grants useful rights (e.g., controlled access and clear procedures) you can’t rely on if you don’t follow it.
- Future conveyancing: Missing or defective Party Wall paperwork can cause delays, price chips or re-work when you sell.
Smart Sequencing
- Lock your notifiable scope (boundary position, structural scheme, foundation depth).
- Serve the correct notice(s) early enough to cover statutory lead-ins.
- Manage responses promptly to avoid avoidable drift.
- Keep your build aligned with what’s authorised.
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
I’m setting my wall back a few inches from the boundary—do I still need notice?
Possibly. Setting back may avoid Section 1, but Section 6 (excavation) can still apply if you’re within 3m (or 6m for deep works) and going deeper than the neighbour’s foundations. Always check.
We’re only replacing a fence—does the Act apply?
Ordinary fences are not party fence walls. But if you’re dealing with a masonry garden wall that straddles the boundary (a party fence wall), Section 2 may apply.
My neighbour verbally said “it’s fine”—can I rely on that?
No. The Act requires written consent (or the surveyor route). Verbal OKs don’t protect your programme or confer rights under the Act.
If my neighbour doesn’t respond, can I proceed anyway?
Not immediately. After 14 days of silence and a further 10-day request, a deemed dispute arises. A surveyor can be appointed on their behalf under Section 10(4) so the statutory process can move forward.
Who pays the fees?
Generally the Building Owner, as they benefit from the works. Costs must be reasonable; our fixed-fee approach keeps scopes tight and predictable.
We already started—can we regularise it?
Yes, but act quickly. Late compliance can reduce risk of injunctions and help you recover lost momentum.
Do permitted development rights change this?
No. Planning and the Party Wall Act are separate regimes. Even if planning isn’t needed, the Act may still be.
Bottom Line
Building wholly on your land does not mean the Party Wall Act never applies. If you’re near a boundary, altering a shared wall, or digging deeper than a neighbour’s foundations within the key distances, serve the correct notice(s) and keep your project safe, lawful and on schedule.
Need the fastest, cheapest compliant route?
Email team@simplesurvey.co.uk for a same-day plan and fixed fee. We’ll prepare and serve valid notices, manage responses, and deliver the paperwork you need—quickly, correctly, and at the lowest like-for-like cost we can find in England & Wales.