If you’ve just discovered you need to deal with the Party Wall etc. Act 1996, you’re not alone. Most homeowners and small developers meet the Act late in the pre-construction stage—right when momentum matters. This guide gives you a clear, practical overview so you can make good decisions, keep neighbours on side, and keep your project moving.
What the Act actually does
The Act is an enabling law for England & Wales. It lets you carry out certain works on or near shared structures and boundaries, while protecting your neighbour’s property and rights. It sets a formal notification and dispute-resolution process so you don’t end up in a courtroom to settle routine build issues.
It does not replace Planning Permission or Building Regulations—think of it as the third pillar for boundary and shared-structure matters.
Key structures covered
- Party wall
A wall that forms part of a building and stands on land owned by different people, or a wall that separates buildings owned by different people (typical in terraces and semis). - Party structure
A separating structure within/between buildings—e.g., floors or walls in flats/maisonettes. - Party fence wall
A freestanding wall on the boundary (e.g., a solid garden wall) that’s not part of a building.
Typical works that trigger the Act
You’ll need to follow the Act if you plan to:
- Build a new wall at or astride the boundary (Section 1).
- Work on a shared wall/structure—e.g., cutting in steel beams for a loft, raising or rebuilding a party wall, cutting away projections, inserting a DPC, underpinning (Section 2).
- Excavate near a neighbour’s structure—within 3m going deeper than their foundations, or within 6m where your dig intersects the 45° line from the bottom of their foundations (Section 6).
Minor day-to-day jobs (replastering, fixing shelves, sockets) normally don’t need notices.
Notice types & minimum lead-times
You must serve the correct Party Wall Notice before work begins:
- Section 1 (new wall on/at boundary) → 1 month
- Section 2 (works to shared wall/structure) → 2 months
- Section 6 (adjacent excavation) → 1 month and plans/sections are mandatory
Tip: Serve early. Even straightforward projects can involve multiple “owners” (freeholder + long leaseholder), and finding the right recipients takes time.
What a valid notice must includ
- Your name and address (the “building owner”)
- The site address (if different)
- A clear description of the works and which section(s) of the Act apply
- The intended start date (respecting the minimum periods above)
- Drawings/sections for excavations (strongly recommended for clarity in all cases)
- How the neighbour can respond and the 14-day reply window
Accuracy matters. Wrong names/addresses, vague descriptions, or missing drawings (for Section 6) can invalidate the notice and cause delays.
How neighbours can respond
On receipt, a neighbour has 14 days to respond in writing:
- Consent
Agrees in writing; the Act’s notification requirement is satisfied for those works. - Dissent and appoint their own surveyor
Triggers the Act’s dispute-resolution pathway. Each owner appoints a surveyor who will agree a legally binding Party Wall Award covering how/when/protections/costs. - Dissent and use an Agreed Surveyor
One impartial surveyor acts for both owners and makes the Award—usually faster and cheaper.
No response within 14 days? A dispute is deemed to have arisen. The building owner can issue a further 10-day request; if there’s still no reply, a surveyor can be appointed on the neighbour’s behalf (as the Act allows) so the process can continue.
What the Party Wall Award covers
When there’s a dissent, surveyor(s) produce an Award that typically sets out:
- The works authorised and working methods
- Timing and coordination (e.g., noisy hours, sequencing)
- Access arrangements under Section 8 (notice, safeguards, making good)
- Protection and damage procedures (what happens if issues arise, and how they’re handled)
- Costs and who pays what (see below)
- Any security for expenses (where appropriate)
The Award is binding unless appealed in the County Court within 14 days of service.
Who pays?
As a rule of thumb: the person benefiting from the works pays the reasonable costs of administering the Act (including neighbour’s surveyor where appointed). If additional work is requested solely for the neighbour’s benefit via counter-notice, they may bear that extra cost.
Common pitfalls (and how to avoid them)
- Serving the wrong notice (or missing one entirely)
Map your works carefully to Sections 1/2/6; it’s common to need more than one notice. - Invalid content
Use correct owner names/addresses; include plans/sections for Section 6; state a compliant start date. - Leaving it too late
Statutory periods + surveyor availability + neighbour queries can push programmes. - Treating planning sign-off as a green light
Different regimes. You can have planning and still need Party Wall notices/Award. - Relying on verbal chats
Be friendly, but follow with valid written notices to protect everyone.
Practical sequence (from idea to starting on site)
- Identify triggers (Sections 1/2/6).
- Prepare notices (and excavation drawings if applicable).
- Serve to all relevant owners (freeholders and long-leaseholders where relevant).
- Wait 14 days for written responses.
- If consent, you’re clear (subject to the minimum period or any agreed waiver).
- If dissent, surveyor route → Award issued.
- Observe Award conditions when starting on site.
FAQs
Is Scotland/Northern Ireland covered?
No, the Act applies in England & Wales only.
Do I need a notice for a simple re-roof?
Not usually—unless it involves cutting into or otherwise affecting a shared structure (e.g., shared chimney, parapet, party wall).
Can I serve my own notices?
Yes, owners can. Just be meticulous—invalid notices waste time. Many people use a specialist to avoid errors.
Can my neighbour stop the works entirely?
The Act is enabling. If works are lawful and the Act is followed, the outcome is usually about how and when works proceed—not a veto.
What if my neighbour ignores everything?
The Act anticipates non-response with the 14-day + 10-day pathway and allows appointment of a surveyor on their behalf so your project can progress.
Want this handled quickly and correctly?
We’ll identify what’s notifiable, draft and serve valid notices, manage responses, and—where needed—act swiftly as Agreed Surveyor or as your surveyor in a two-surveyor setup. Our model is designed to keep time, cost, and friction to a minimum.
Email: team@simplesurvey.co.uk
Simple Survey — clear answers, correct paperwork, compliant projects.