Party Wall Act: Our Explainer on Your Duties & Rights

Thinking about work near a boundary or a shared wall? In England & Wales, the Party Wall etc. Act 1996 sets out exactly what you must do before you start — and the rights you have while you’re doing it. Here’s a clear, no-nonsense overview you can rely on.

Do you need to serve notice?

You must notify neighbouring owners if your plans include any of the following:

Works to a shared structure (Party Wall/Party Structure/Party Fence Wall)

  • Cutting in (e.g., for steels, DPCs, flashings)
  • Underpinning, thickening, raising or lowering
  • Making good, repairing, demolishing and rebuilding a defective shared wall
  • Removing projections/overhangs to erect a new wall nearby
  • Installing tying systems to stabilise the wall
  • Weatherproofing a shared wall exposed by demolition

New walls at or astride the boundary (line of junction)

  • Building a new wall up to the boundary (on your land)
  • Proposing a wall astride the boundary (requires written consent)

Excavations close to neighbouring foundations

  • Within 3 metres and deeper than your neighbour’s foundations
  • Within 6 metres where the dig will intersect a 45° line drawn from the base of your neighbour’s foundations

If any of the above applies, the work is notifiable and statutory Party Wall Notices are required before you begin.

Notice periods & validity

  • Works to party structures (Section 2): serve notice at least 2 months before works start.
  • Boundary walls & excavations (Sections 1 & 6): serve notice at least 1 month before works start.
  • Notices typically expire after 12 months if you haven’t started.

What happens after you serve notice?

Your neighbour has 14 days to reply:

  • Consent in writing – you may proceed in line with your notice and the Act.
  • Dissent – triggers the Act’s dispute-resolution process and a Party Wall Award issued by surveyor(s).
  • No reply – a dispute is deemed to have arisen; the process continues via surveyor(s) so the project isn’t blocked by silence.

If a counter-notice is served (within one month) requesting reasonable additional measures, you’ll have 14 days to agree, or a dispute is deemed to exist.

Your rights under the Act

  • To maintain, repair, alter and, where applicable, demolish/rebuild shared walls in accordance with the Act.
  • To access neighbouring land where necessary to carry out notifiable works (with proper notice and safeguards).
  • To build a new wall up to the boundary (on your own land) and to request building astride the line (requires neighbour’s written consent).
  • To carry out qualifying excavations provided the Act’s procedures are followed.
  • To have disputes resolved by impartial surveyor(s) under a binding Award.

Your responsibilities

  • Serve valid notices on all legal owners who qualify under the Act (there may be more than one per property).
  • Observe notice timings and any conditions or methods set out in the Award.
  • Pay reasonable costs of administering the Act (because the works benefit you), including the neighbour’s surveyor where applicable.

Transparent, fixed pricing (Simple Survey)

We keep the process compliant and affordable:

  • 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 above
  • No surprises, no creeping extras. You’ll know the number before we start.

Market context elsewhere: hourly rates of £120–£350+ and all-in Awards commonly £1,500–£3,000+ (higher for complex schemes). Our model is designed to minimise that total.


Quick decision flow (What do I need to do?)

  1. Check scope: Does your project touch a shared wall/structure, build at the boundary, or dig close/deeper than neighbouring foundations?
  2. If yes → Serve notices: 2 months for party structure works; 1 month for boundary walls/excavations.
  3. Manage responses: Consent / Dissent / No response (deemed dispute).
  4. If disputed: Appoint surveyor(s) to agree a Party Wall Award.
  5. Start works in line with the Act/any Award and within notice validity.

FAQs

Do I need planning permission first?
Planning and the Party Wall Act are separate. You can run them in parallel, but both must be satisfied before works start.

What if my neighbour ignores the notice?
Silence after 14 days is a deemed dispute. Surveyor(s) are appointed and the process continues so your project isn’t stuck.

Can my neighbour block the works entirely?
Not usually. The Act is work-enabling. It balances your rights to build with protections for your neighbour. If the procedures are followed and the Award is in place, you can usually proceed.

Who pays the costs?
Normally, the person doing the works pays the reasonable costs of administering the Act, including the other owner’s surveyor if they appoint one.

How quickly can this be done?
Simple, well-documented schemes can move fast once notices are served and responses are in. The statutory minimums still apply (1–2 months), but early engagement often compresses real-world timelines.

Is a “verbal agreement” enough?
No. The Act requires written notices and, where needed, a written Award to be valid/enforceable.


Need it handled correctly — and cheaply?

Avoid invalid notices, stalled projects and needless costs. Let us prepare compliant notices today and set out a fixed-fee route to a fast, enforceable Party Wall Award.

Email: team@simplesurvey.co.uk
Simple Survey — Party Wall made simple, lawful and low-cost.