Planning an extension, loft conversion or basement? If your works touch a shared wall, sit on the boundary, or involve deeper excavations near a neighbour, the Party Wall etc. Act 1996 will likely apply. The Act creates a simple legal framework so you can carry out your project while protecting your neighbour’s property and keeping disputes out of court.
What the Act Covers
The Act applies to three broad categories of notifiable work:
- Works to a party wall or party structure (Section 2)
Examples include cutting in steel beams for a loft conversion, removing a chimney breast on the party wall, inserting a damp-proof course, raising or rebuilding a party wall, and attaching flashings where your new wall abuts your neighbour’s. - New walls at or up to the boundary (Section 1)
This includes building a new wall right up to the line of junction (your side of the boundary), or proposing to build astride the boundary (which requires your neighbour’s express written consent). - Excavation near neighbouring structures (Section 6)
Excavations within 3 metres and deeper than your neighbour’s foundations—or within 6 metres where a 45° line from the bottom of their foundations would be intersected—are notifiable. This commonly captures rear/side extensions and basements.
The Act applies in England and Wales. It does not resolve boundary line disputes or replace planning permission or Building Regulations—you may need those as well as complying with the Act.
Key Definitions
- Party wall: a wall shared by two properties (e.g., in terraced or semi-detached houses) or a wall wholly on one owner’s land that the neighbour uses to separate buildings.
- Party fence wall: a freestanding masonry wall astride a boundary (e.g., a garden wall—timber fences are not included).
- Party structure: a wider term covering floors/ceilings between flats and other shared structural elements.
Notices: What, When and How
Before starting notifiable work you must serve a formal Party Wall Notice on every Adjoining Owner (freeholders and any long leaseholders):
- Section 2 works (party walls/structures): minimum 2 months’ notice
- Section 1 works (new boundary walls): minimum 1 month’s notice
- Section 6 works (adjacent excavation): minimum 1 month’s notice
All notices expire after 12 months if you haven’t started, so don’t serve too early.
A valid notice includes: your (Building Owner’s) name and address, each Adjoining Owner’s name and address, a clear description of the proposed works and intended start date (respecting the statutory lead-in), the relevant section(s) of the Act, and—for Section 6—plans and sections showing excavation location and depth. You can serve by hand, post, or electronically if the recipient has agreed to email service.
Common mistakes that invalidate notices: using the wrong notice type, missing legal owner details, vague descriptions (“loft works” rather than the actual notifiable operations), and omitting excavation drawings for Section 6.
How Neighbours Can Respond
Once served, an Adjoining Owner has 14 days to reply:
- Consent in writing – you can proceed once the notice period has elapsed (still complying with planning/Building Control).
- Dissent (or no reply within 14 days) – a dispute is deemed to arise and a Party Wall Award is required. The owners either appoint one impartial Agreed Surveyor or two surveyors (one for each), who then select a third surveyor if needed.
- Counter-notice – within one month, an Adjoining Owner can reasonably request additional/modified works for their benefit (with costs apportioned accordingly).
Who Pays?
In typical home-improvement projects, the Building Owner pays the reasonable costs of administering the Act and producing the Award (including the Adjoining Owner’s surveyor if they appoint one). Costs can be apportioned where works address shared disrepair or where an Adjoining Owner requests additional works for their benefit.
Minor Works That Usually Don’t Need a Notice
Purely minor, non-structural tasks—such as replastering, drilling for shelves, hanging pictures, or chasing for wiring—normally do not require notice. If in doubt, ask a competent surveyor before you start.
What If You Don’t Serve Notice?
Starting notifiable works without notice exposes you to an injunction (which can halt the project immediately), claims for costs, and avoidable neighbour disputes. Serving proper notices early is cheaper and faster than firefighting later.
Practical Tips to Keep It Neighbourly
Talk to your neighbour before serving notices. Share outline drawings and rough timing so the notice isn’t a surprise. If you hope to build astride the boundary, explain why and how it benefits both sides. Keep your programme realistic: build in the 1–2 month statutory lead-ins and time for the Award if required.
Need compliant notices—and a smooth process?
Simple Survey prepares and serves valid Party Wall Notices, handles neighbour communications, and, where required, progresses to a robust Party Wall Award—keeping your build on programme and relations calm.
Email: team@simplesurvey.co.uk
We’ll review your drawings, confirm which sections apply, and serve the right notices—properly and on time.