The essentials
- Scope: The Party Wall etc. Act 1996 governs certain works to shared walls/structures, new walls at a boundary, and excavations close to neighbouring foundations across England & Wales (not Scotland/Northern Ireland).
- Purpose: A work-enabling framework—letting lawful projects proceed while protecting neighbours through notice, dispute resolution, and binding Awards.
- Alongside other law: The Act complements planning, Building Regulations, CDM, etc.; it doesn’t override them.
Key definitions (plain English)
- Building owner: Proposes the notifiable works.
- Adjoining owner: Owns the neighbouring land/building affected (includes most long leaseholders).
- Party wall/structure/fence wall: Shared walls, shared floors/ceilings, and shared garden walls straddling the boundary.
- Surveyor (s.10): Independent person (not a party to the works) appointed to determine disputes.
When notice is required
- Section 1 – New walls at the boundary: Building on/astride the line of junction.
- Section 2 – Works to party walls/structures/fence walls: Raising, thickening, cutting in/away, demolish & rebuild, DPC insertion, underpinning/making good.
- Section 6 – Adjacent excavation:
- Within 3m and deeper than neighbour’s foundation; or
- Within 6m where the dig intersects a 45° line from the neighbour’s foundation base.
Notice periods & validity
- S.1 & S.6: 1 month minimum before start.
- S.2: 2 months minimum before start.
- Notices are typically valid for 12 months from service.
Serving notice properly
- Identify all “owners” (there may be more than one per property).
- Include: correct parties/addresses, site, relevant Act section(s), clear works description, and plans/sections for S.6.
- If uncertain about ownership, service to “The Owner” at the address is permitted; ensure compliant delivery.
Responses & what they mean
- 14 days to reply:
- Consent → works proceed in line with the notice (Act protections still apply).
- Dissent or no response → a dispute arises under s.10.
- Surveyor routes:
- Agreed Surveyor (single impartial surveyor for both), or
- Two surveyors (one per owner), who must also select a Third Surveyor to break deadlocks if required.
Party Wall Award (binding)
- Confirms properties, notices, approved drawings/methods, working provisions, timings, access, protections, and cost allocations.
- Served on both sides → 14 days to appeal to county court; otherwise it governs delivery.
Access & contributions
- Statutory access is available for specified works (with reasonable notice and conditions).
- Where works are of mutual benefit, s.11 allows reasonable cost contributions.
Damage & claims interface
- The Act aims to prevent damage; if issues arise, liability and remedies are handled via the Award process (including method changes, protective measures, remedials, and who pays).
- If an Award exists, it often provides the mechanism to resolve project-caused damage without defaulting straight to insurance.
Common pitfalls (to avoid)
- No notice for notifiable works → risk of injunctions, stoppage, and extended liability.
- Wrong/missing owners on notices → process restart and delay.
- Vague descriptions or missing S.6 drawings → invalidity challenges.
- Letting notices lapse (>12 months) before starting.
Quick checklist (for adjusters/PMs)
- Do the works trigger S.1 / S.2 / S.6?
- Have all owners been notified correctly and on time?
- Are drawings/sections included for S.6?
- Which surveyor route is set (Agreed vs two surveyors + Third)?
- Is there a live Award (and has the appeal window passed)?
- Are cost responsibilities reasonable and under the Act?
- Any appeal risk within 14 days of service?
Transparent, fixed pricing (Simple Survey)
We keep budgets predictable and low without cutting corners:
- 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 side): fixed-fee proposals from £325 for our side. (The neighbour’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.
Market context (typical non-fixed ranges we see)
- Hourly rates elsewhere: £120–£350+/hr.
- Typical all-in Award costs (two-surveyor matters): £1,500–£3,000+, rising with complexity and delay.
Our model is designed to undercut like-for-like quotes while keeping momentum and quality high.
Strong next step
Need compliant notices or a fast, fair Award—without budget shock?
Email team@simplesurvey.co.uk for a same-day, fixed-fee proposal.
We’ll confirm (1) whether your works are notifiable, (2) exactly who must be notified, and (3) the most cost-efficient route to a valid Award—in writing and upfront.