If your project could affect a shared wall, boundary line, or nearby foundations, the Party Wall etc. Act 1996 likely applies. The Act gives you a clear, lawful way to notify neighbours, manage risks, and avoid disputes—so compliant works can proceed.
Below you’ll find a quick self-check, essential terminology, a simple step-by-step flow, and concise FAQs.
Does the Party Wall Act affect me?
Answer yes to any of the questions below and the Act applies—you must serve a valid Party Wall Notice before starting:
- Are you doing work to an existing wall/ceiling/floor that’s shared with another property?
- Are you building on or at the boundary with a neighbouring property (a new wall at/astride the line of junction)?
- Are you excavating near a neighbouring structure (typically within 3 m and deeper than their foundations—or within 6 m for deeper systems such as piles)?
The notes here are general guidance. For project-specific advice, speak to a specialist party wall surveyor.
What is a party wall?
A party wall/structure is a shared element between properties. Common examples:
- A wall standing on land of two owners and forming part of a building.
- A wall that’s part of one building but used by two.
- A freestanding garden wall astride a boundary (party fence wall).
- Certain floors/ceilings between flats (party structures).
Key points:
- Each relevant owner has rights to use the wall and duties to act reasonably.
- Notifiable works to or near these structures must follow the Act’s process.
What is the Party Wall etc. Act 1996?
Legislation for England & Wales that sets out:
- Which works are notifiable (new walls at boundaries; work to party structures; adjacent excavation).
- How to notify neighbours (Party Wall Notices, with statutory content and timing).
- What happens next (consent or the surveyor-led dispute-resolution route).
- Rights/obligations for both sides, so compliant projects can move forward fairly.
Party Wall Notice (what, when, how)
A Party Wall Notice is a formal written notice served on every Adjoining Owner affected. It should include:
- Your name and a correspondence address.
- The address of the works (if different).
- A statement that the notice is served under the Act, plus which section(s) it relies on.
- A clear description of the proposed works and the intended start date.
- Plans/sections for excavations under Section 6.
Minimum notice periods
- 2 months: works to party structures (Section 2).
- 1 month: new wall at the boundary (Section 1) or adjacent excavation (Section 6).
Notices are valid for 12 months from service.
Agreement vs. Award (what’s the difference?)
- Party Wall “Agreement” (consent)
Informal outcome where the neighbour consents in writing to the notice. No surveyors are appointed because there’s no dispute under the Act. - Party Wall Award
A formal, legally binding document prepared by appointed surveyor(s) when there is a dissent (or deemed dissent). It authorises the works and sets out how/when they must be done, practical safeguards, access terms, and who pays reasonable costs. Either party may appeal within 14 days to the county court.
Who’s who under the Act
- Building Owner – the party proposing the notifiable works (includes freeholders and leaseholders with >12 months’ term; agents may act on their behalf).
- Adjoining Owner – anyone with an interest in neighbouring land/buildings affected (freeholders and certain long leaseholders).
- Agreed Surveyor – one impartial surveyor jointly appointed by both owners to make the award.
- Third Surveyor – a neutral professional selected by the two appointed surveyors at the start and only called upon if they disagree.
What do I need to do? (Flowchart-style steps)
- Check scope
Do your works fall under Section 1, 2 or 6 of the Act? If yes → proceed. - Identify owners
Work out every Adjoining Owner who must be notified (freeholder + relevant long leaseholders). - Serve notices
Use the correct forms, content and timings. Include drawings/sections for Section 6. - Wait for responses (14 days)
- Consent in writing → you can proceed after the statutory notice period ends.
- Dissent → surveyor(s) must be appointed to make an award.
- No reply → a dispute is deemed; issue a 10-day request to appoint; if still silent, a surveyor can be appointed on their behalf under Section 10(4).
- Surveyor stage (if dissent)
Owners either agree a single (Agreed) Surveyor or each appoints their own. The surveyor(s) produce and serve the award. - Carry out the works
Start after the notice period and in line with the award’s terms. Keep communication courteous and prompt.
What if I don’t serve notice?
Skipping notice can lead to injunctions, project stoppage, liability for legal costs, and orders to undo unlawful work. Serve the correct notice before you begin; if you’ve already started, stop and seek advice immediately.
FAQs
Is planning permission the same as party wall consent?
No. Planning and the Party Wall Act are separate regimes. You may need both.
Can my neighbour block compliant works by refusing consent?
Refusal (dissent) triggers the surveyor process; it doesn’t veto lawful works. The award enables compliant works to proceed safely and fairly.
How long is a notice valid?
12 months from service. Your start date cannot be earlier than the statutory notice period.
Can we use one surveyor for both of us?
Yes—if both parties are comfortable, appoint an Agreed Surveyor. It’s often faster and cheaper.
Who pays the fees?
Usually the party doing the notifiable works pays the reasonable costs of administering the Act, including the other side’s surveyor where appointed. The award formalises costs.
Clear, compliant, and cost-controlled
If you want to avoid invalid notices, delays, and unnecessary costs, we’ll prepare and serve everything correctly and keep the process moving—calmly and transparently.
Transparent, fixed pricing
- Party Wall Notice service: £25 per adjoining ownership (bundle discounts available)
- Agreed Surveyor (single surveyor) Act administration: typically £300 fixed-fee, depending on complexity/owner count
- Two-surveyor route (we act for the building side): fixed-fee proposals from £325 for our side (we work to keep the other surveyor’s hourly costs reasonable and contained)
- Complex projects (deep excavations, multi-owner blocks): we still offer fixed pricing as above
- No surprises. No creeping extras. You know the number before we start.
Need a quick, no-nonsense plan?
Email team@simplesurvey.co.uk for a fast, fixed quote and immediate next steps.
Simple Survey — Party Wall compliance made easy, fair, and affordable.