With many homeowners choosing to improve rather than move, the Party Wall etc. Act 1996 (“the Act”) matters more than ever. Here’s a clear, practical primer on what structures the Act covers, which works are notifiable, how notices must be served, what happens if things go quiet (or wrong), and smart ways to keep disputes short, civil, and inexpensive.
The three structures the Act cares about
- Party wall
- Type A: a wall forming part of a building that straddles land owned by different people.
- Type B: a wall on one owner’s land enclosed by a neighbour’s building (typical terrace/semi scenarios).
- Party structure
- A wall, partition, or floor/ceiling separating parts of buildings owned by different people (common in flats/maisonettes).
- Party fence wall
- A freestanding masonry boundary wall built astride the line of junction (not timber fencing).
The three work categories that trigger the Act
- Works to an existing party wall/structure
Examples include: repairing or making good; inserting a DPC; raising, underpinning, cutting into for steel beams/joists; removing projections such as chimney breasts; demolishing and rebuilding; extending downwards. - New walls on or astride the boundary
New flank walls tight to the line of junction or proposals to build a wall that straddles the boundary (the latter needs neighbour’s written agreement). - Adjacent excavation
- Within 3 metres and deeper than your neighbour’s foundations, or
- Within 6 metres where your excavation breaches a line drawn at 45° down from the underside of their foundations.
(For excavation notices, plans/sections are required.)
Planning consent and Building Regulations approval do not remove Party Wall duties. They are separate legal regimes.
Minor works that typically don’t engage the Act
Light-touch internal jobs like fixing shelves, chasing for sockets, or replastering—so long as they don’t affect the party wall’s structure—are generally outside the Act.
Notice periods and content (don’t skip this)
- Section 2 (party wall/structure works): serve at least 2 months before the intended start.
- Section 1 (new wall at boundary): 1 month minimum.
- Section 6 (adjacent excavation): 1 month minimum and include plans/sections.
A valid notice should set out: the building owner’s name/address, the address of the works, clear particulars of the proposed works (and drawings where required), and the intended start date.
Serving notice properly
- Serve in person or by post to the address the adjoining owner specifies.
- Email service is only valid if the neighbour agrees to receive notices electronically and provides an email address for that purpose.
- If ownership is unclear, check Land Registry and notify all qualifying owners (freeholders and some leaseholders).
What if you get no reply—or a rejection?
- 14 days to respond to a notice.
- Consent in writing: you can proceed (still within the law and the notice scope).
- Dissent or no response: a dispute is deemed to have arisen, and the Act’s Section 10 surveyor process must be used.
The dispute-resolution pathway (designed to keep you out of court)
- Agreed Surveyor (one impartial surveyor for both owners), or
- Two surveyors (one for each owner) who must promptly select a Third Surveyor to break any deadlock.
- The outcome is a Party Wall Award: a binding document setting out what can be done, how and when, plus any reasonable conditions. Either side has 14 days to appeal to the County Court.
If a building owner never serves a notice, a neighbour cannot unilaterally start the Party Wall process and get an Award. The correct route is to insist on compliance—or seek urgent legal relief if works start regardless.
Access and behaviour obligations
- Access (Section 8): with 14 days’ notice (except emergencies), temporary entry can be required for works the Act allows.
- Conduct (Section 7): works must avoid unnecessary inconvenience; damage caused must be made good or reasonably compensated.
Cost sharing (who pays what?)
- Ordinarily, the person carrying out the works pays the reasonable costs of administering the Act (including surveyor fees), because they benefit.
- If the neighbour requests additional works for their own benefit (via counter-notice) those extras are generally at their cost.
- For necessary repairs that benefit both sides (e.g., defective party wall), contributions can be apportioned.
Practical tactics for fewer disputes and faster outcomes
- Talk early: Share drawings and timelines with neighbours before serving notice. Calm heads, fewer surprises.
- Serve precise notices: Vague descriptions invite challenge and delay.
- Keep records tidy: Dates, addresses, delivery proofs, and written responses—all in order.
- Be reasonable on logistics: Agree sensible hours, site tidiness, and temporary protections.
Typical FAQs
Do I always need surveyors?
No. If your neighbour consents in writing, you may not need an Award. If they dissent or don’t reply, surveyors are required.
Can my neighbour choose my surveyor?
No. Each owner chooses their own—unless both agree to a single Agreed Surveyor.
What if my neighbour ignores my notice?
After 14 days, a dispute is deemed; a surveyor can be appointed on their behalf so the process continues lawfully.
Can works start before the notice period ends?
Only if the neighbour expressly agrees in writing to an earlier start.
What happens if I don’t serve notice?
You risk an injunction, damages, and potentially a void surveyor process later. It’s cheaper and faster to comply from the start.
Transparent, fixed pricing (keep control of costs)
- 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 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 fixed pricing as above.
- No surprises, no creeping extras. You’ll know the number before we start.
Need a fast, compliant route through the Act?
Simple Survey specialises in proactive neighbour comms, valid notices, and swift, proportionate Awards that keep builds moving and budgets intact.
Email: team@simplesurvey.co.uk
Simple Survey — Party Wall made simple, lawful and cost-controlled.