Thinking about a loft, extension or basement? If your plans touch a shared wall, boundary or nearby foundations, the Party Wall etc. Act 1996 may apply. Getting the process right protects you legally, keeps neighbours onside, and prevents expensive delays. Here’s everything you need to know—without the jargon.
What is a party wall agreement?
Under the Act, neighbours must be formally notified when certain works could affect a shared wall or structure (“party wall/party structure”), a wall on or astride the boundary, or foundations within 3–6 metres of a neighbouring structure. If your neighbour consents in writing, great—you have agreement. If they don’t consent or don’t reply, the Act’s dispute-resolution process kicks in and surveyors issue a Party Wall Award (a binding document that sets how the works proceed and each side’s rights).
Quick examples of notifiable work:
- Cutting into a party wall (e.g., steels for a loft conversion)
- Removing a chimney breast on a shared wall
- Building a new wall up to or astride the boundary
- Excavating for new foundations within 3m (or within 6m where deeper works/piles are planned)
- Rebuilding or raising a shared garden wall that straddles the boundary (a “party fence wall”)
Where does the Act apply?
England & Wales only. Scotland and Northern Ireland rely on common law, not this statute, so the process and certainty differ.
Do detached homes ever need this?
Yes. The Act isn’t just about terraced or semi-detached walls. If you’re building at the line of junction or excavating close to a neighbour’s structure, you may need to serve notice even with detached properties.
Excavation trigger (rule of thumb):
- Within 3 metres and deeper than your neighbour’s foundations; or
- Within 6 metres where your excavation would intersect a 45° line down from the bottom of their foundations.
What happens if you skip it?
Starting notifiable works without valid notice/consent risks:
- A court injunction stopping your build
- Liability for damage and costs
- Project delays while you rectify paperwork
Put simply: it’s far cheaper and safer to follow the Act from the outset.
When should you serve notice?
Serve at least:
- 2 months before works that affect a party wall/party structure (Section 2)
- 1 month before boundary walls (Section 1) or adjacent excavation (Section 6)
Notices are valid for 12 months, so don’t serve so early that they lapse. Best practice: talk to neighbours early, then serve once drawings are coherent and dates are realistic.
How to get agreement (step-by-step)
- Identify all “owners”. Under the Act, that includes freeholders and most long leaseholders (and sometimes multiple parties in one building).
- Serve the correct notice(s). Reference the relevant section(s) of the Act and include the required detail (for Section 6, include plans and sections of the excavation).
- Wait up to 14 days for a reply.
- Written consent: you may proceed in line with the notice.
- Written dissent: surveyor(s) are appointed to produce a Party Wall Award.
- No reply: this is deemed dissent; you formally request a surveyor appointment. If there’s still no response, a surveyor can be appointed on their behalf under Section 10(4).
- Award served (if dissent). It sets method, timing, access, protections, and cost allocation.
- Proceed in accordance with the notice/award.
Who should you notify?
Every “owner” of each affected property:
- The freeholder
- Any leaseholder with a lease over one year
- Any party entitled to receive rents
In blocks and conversions, that can mean several notices for one address. Missing an owner can force you to start over.
What goes into a compliant notice?
- Your name and address
- The address of the works
- A clear description of the proposed works and the intended start date
- Reference to the Act and the relevant section(s)
- For Section 6: plans & sections showing excavation position and depth
Clarity speeds responses; vagueness causes delays.
Responses you might receive
- Consent: Ideal—keep the written confirmation.
- Counter-notice: “We agree, but want additional reasonable measures.” Surveyors will resolve differences and record them in an Award if needed.
- Dissent: Triggers the surveyor process. Neighbours may appoint your surveyor as an Agreed Surveyor, or each party can appoint their own. Either way, surveyors must act impartially.
How long does it take?
It varies with complexity and cooperation:
- Straightforward consent: sometimes inside 2–4 weeks.
- Two-surveyor route with queries: 6–12+ weeks is common.
- Complex basement/piled schemes or multi-owner blocks: potentially several months.
Starting early and serving correct, complete notices is the best accelerator.
What will it cost?
Costs depend on route and complexity, but to help you budget:
- Notice preparation/service: from £25 per adjoining ownership (multi-notice bundles often discounted)
- Agreed Surveyor route (single surveyor): often £300–£1,500 total, complexity-dependent
- Two-surveyor route: you typically pay both surveyors’ reasonable fees; combined costs for simple schemes often land £1,000–£3,000+, rising with complexity and time spent
- Third Surveyor referrals (rare): additional fees if used to decide a dispute between surveyors
Remember: under the Act, the person doing the notifiable works usually pays the reasonable costs of administering the process.
Can a neighbour ultimately block the works?
Generally no—the Act is work-enabling. As long as you follow it, adopt reasonable methods, and deal with damage or disturbance appropriately, the process is designed to let compliant works proceed.
FAQs
Do I need planning permission first?
Party Wall and planning are separate. You can serve notices before planning is granted, but many owners prefer to align on a settled design.
Can we use one surveyor for both of us?
Yes—an Agreed Surveyor can act impartially for both parties and often saves time and cost.
What if my neighbour ignores me?
After 14 days, deemed dissent applies. You then follow Section 10: request a surveyor appointment; if none is made within 10 days, a surveyor can be appointed on their behalf.
Do I need drawings with every notice?
Only Section 6 (excavation) requires plans & sections. For other notices, drawings aren’t mandatory but are strongly recommended.
How long is my notice valid?
12 months from service. If you haven’t started in that window—or if ownership changes—you’ll need to re-serve.
Want the simple, compliant route
Simple Survey prepares and serves correct notices, identifies the right owners, manages responses, and—if needed—administers the Act through to a clean, enforceable Party Wall Award. It’s fast, clear and cost-controlled.
Email: team@simplesurvey.co.uk
Simple Survey — party wall paperwork made easy, legal and neighbour-friendly.