This long-form guide explains exactly when the Party Wall etc. Act 1996 applies, who you must notify (and how), what happens after a notice is served, how awards are agreed, and how to keep costs and timelines under control.
It’s designed as an evergreen resource with clear sections, FAQs, and checklists—perfect for readers and search engines alike.
Contents
- What the Act actually covers
- Is your project notifiable? (quick tests for Sections 1, 2 & 6)
- Who you must notify (freeholders, leaseholders & flats)
- Notice timing rules—and the fast path to service
- What happens after service: consent vs. dissent
- Party Wall Awards explained (and why “DIY awards” backfire)
- Fees & budgeting without the guesswork
- Non-response, refusals & access rights
- Common mistakes that derail projects
- Pro tips to keep things quick, calm and compliant
- Mini checklists for both sides
- FAQs
1) What the Act actually covers
The Party Wall etc. Act 1996 is a work-enabling law. It lets you complete certain building works that might affect a shared or neighbouring structure—provided you follow the process. It doesn’t replace planning or building control; it runs alongside them and focuses on three kinds of work:
- Section 1: New walls at the boundary (line of junction)
- Section 2: Works to existing party structures (party walls, party fence walls, party floors/ceilings) and certain weathering details into an adjoining wall
- Section 6: Adjacent excavation within 3m (or 6m for deeper works) and to a depth lower than neighbouring foundations
If your works fall inside any of the three buckets above, you must serve valid notices before you start.
2) Is your project notifiable? (quick tests)
- Rear/side extension: Usually yes under Section 6 (excavation) and possibly Section 1 (new wall at/near the boundary).
- Loft conversion: Often Section 2 if cutting steel into a party wall, altering chimney breasts, raising/underpinning etc.
- Basement or deep foundations: Commonly Section 6 (6m rule may apply).
- New garden wall on the boundary: Section 1 and/or Section 2 if it’s a party fence wall.
Rule of thumb: If you’re building at the boundary, into a shared structure, or deeper than a neighbour’s foundations within 3m, the Act likely applies.
3) Who you must notify (freeholders, leaseholders & flats)
You must notify every legal “owner” affected—including freeholders and long leaseholders (leases over 12 months). In converted houses and blocks of flats that can mean:
- The freeholder and
- Leaseholders of each flat whose demise is affected (e.g., excavation near foundations typically affects the freeholder and more than one flat)
Accurate ownership checks up front prevent void notices and late-stage resets.
4) Notice timing rules—and the fast path to service
- Section 1: serve ≥ 1 month before works start
- Section 6: serve ≥ 1 month before works start (attach plans/sections showing depth and distance)
- Section 2: serve ≥ 2 months before works start
Best practice: serve as early as possible (with clear, layperson-friendly descriptions). Early clarity reduces knee-jerk dissents and accelerates the outcome.
5) What happens after service: consent vs. dissent
Recipients have 14 days to respond in writing:
- Consent: You can proceed (still following the Act), and the notice process closes.
- Dissent with an Agreed Surveyor: One impartial surveyor acts for both sides and produces the award.
- Dissent with separate surveyors: Each side appoints their own; the two surveyors agree the award (selecting a third “just in case” per the Act).
No response? A further 10-day request to appoint can be issued. If still silent, a surveyor can be appointed for the non-responding side so the process can continue.
6) Party Wall Awards explained
The award is a legally binding document made by appointed surveyor(s) under Section 10. It authorises the works within the Act and sets practical conditions so construction can proceed without unnecessary friction.
Important: Only surveyors appointed under Section 10 can make a valid award. “Homemade”/owner-drafted documents are not awards under the Act—risking invalidity, delay and costly disputes later.
7) Fees & budgeting without the guesswork
Under the Act, the party doing the works typically pays the reasonable costs of administering the process. We keep those costs predictable:
Transparent, fixed pricing (Simple Survey)
- 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 party doing the works): fixed-fee proposals from £325 for our side (the other surveyor may bill hourly; we work to keep those costs reasonable and contained)
- Complex works (deep excavations, multi-owner blocks): we’ll still offer fixed pricing as above
- No surprises. No creeping extras. You’ll know the number before we start.
8) Non-response, refusals & access rights
- Non-response: The Act anticipates silence. After the 10-day follow-up, a surveyor can be appointed so matters progress.
- Refusing access: The Act allows necessary access for notifiable works, subject to notice and reasonable conditions.
- Outright obstruction: Courts can order compliance; in urgent or risk-laden cases, injunctions may be used. Prevention and clear communication are always cheaper.
9) Common mistakes that derail projects
- Invalid or incomplete notices (wrong people, wrong addresses, missing drawings under Section 6)
- Leaving it too late (notice periods are minimums, not targets)
- DIY “awards” (not legally valid under Section 10)
- Assuming planning/building control covers Party Wall (it doesn’t)
- Ignoring flats (forgetting freeholder + multiple leaseholders)
10) Pro tips to keep things quick, calm and compliant
- Start the conversation early with neighbour-ready summaries of your works.
- Use plain English in notices and cover letters—fewer questions, faster outcomes.
- Narrow the scope to what the Act actually covers—no “kitchen-sink” demands.
- Choose fixed-fee professionals who move quickly and keep issues tightly framed.
11) Mini checklists
If you’re doing the works
- Map your works to Sections 1/2/6
- Identify every legal owner to notify
- Serve valid notices with required drawings (Section 6)
- Plan for consent or dissent pathways
- Ring-fence a realistic budget for Act administration (fixed fees beat hourly drift)
If you’ve received a notice
- Read the works summary—ask for plain-English clarification if needed
- Decide whether to consent or dissent (Agreed Surveyor vs separate surveyors)
- Respond within 14 days to keep options open
- Keep everything in writing and focused on the Act
12) FAQs
Does planning permission remove the need for a Party Wall notice?
No. Planning, building control and the Party Wall Act are separate processes.
Can someone insist I use “their” surveyor?
No. You can appoint any impartial surveyor you choose—or agree to one Agreed Surveyor if you’re comfortable.
What if nobody replies to my notices?
After a further 10-day request, a surveyor can be appointed for the silent side so the process can continue lawfully.
Are electronic notices and awards valid?
Yes, where the Act permits and the recipient has agreed to receive documents electronically. Proper service rules still apply.
Who pays?
Typically the party undertaking the works pays the reasonable costs of administering the Act. Our fixed-fee model keeps those costs the lowest like-for-like we’ve seen.
How fast can this be done?
You can serve notices quickly; statutory minimums are 1 or 2 months depending on section. Early, clear service + proportionate awards = faster outcomes.
13) Ready to keep costs low and momentum high?
Simple Survey delivers compliant notices and concise, enforceable awards—fast—at the lowest like-for-like fixed fees we’ve seen across England & Wales.
Email: team@simplesurvey.co.uk
Let us know what you’re planning and how many neighbours are in play—we’ll send a clear, fixed-fee proposal and get you moving.
Simple Survey — party wall paperwork, simplified and affordable.