If you’re new to party wall matters, the core idea is simple: the Act is an enabling and dispute-preventing framework you must follow before starting certain works. Below is a plain-English guide collecting the essentials practitioners repeat on real projects—what triggers the Act, how notices work, who does what, and the pitfalls to avoid.
1) What the Act covers (and why it exists)
- It enables construction: gives Building Owners lawful rights to work on/near shared structures and boundaries.
- It prevents disputes: creates a formal process so neighbours understand the works and have a route to raise concerns before damage or conflict.
- It breaks a common law myth: yes, it can grant access to your neighbour’s land (Section 8) for Act-notified works.
2) Core definitions you’ll hear a lot
- Building Owner: the party doing the notifiable works.
- Adjoining Owner: anyone with a legal interest over a year in the neighbouring property (freeholder, long leaseholder, sometimes sub-tenant).
- Party Wall / Party Structure / Party Fence Wall: shared walls, floors/ceilings between flats, and some boundary masonry garden walls.
- Notifiable works fall broadly into three bands:
- Section 1 – building on or up to the line of junction (boundary).
- Section 2 (noticed under Section 3) – works to party walls/structures/fence walls (e.g., cutting in steel, raising, demolishing/rebuilding, cutting chases, inserting DPCs, removing chimney breasts, underpinning).
- Section 6 – adjacent excavation within 3m (deeper than neighbour’s foundations) or within 6m where the 45° line to neighbour’s foundation is intersected.
3) Notices: timing, service, and responses
- Serve before work:
- Section 2: 2 months minimum.
- Section 1 & 6: 1 month minimum.
- Valid service methods (Section 15) include post (allow postal time), by hand, fixing to the premises, or email only if the recipient has agreed to electronic service.
- Responses (within 14 days):
- Consent (works proceed without an Award).
- Dissent & Agreed Surveyor (one impartial surveyor acts for both).
- Dissent & Two Surveyors (each owner appoints; a Third Surveyor is selected as tie-breaker but only used if needed).
- No reply = deemed dissent → issue a 10-day letter; if still no appointment, the Building Owner may appoint a surveyor for the Adjoining Owner under the Act.
Tip: Even when consent is given, owners and their contractors must still follow good practice and the detail of the notice. If project scope changes materially, serve fresh notices.
4) Awards: what they are and why they matter
- A Party Wall Award is the surveyor(s)’ binding decision that resolves the statutory dispute—it regularises methods, sequencing, protection measures, access, and damage/repair mechanisms.
- Awards are enforceable; ignoring them risks injunctions, cost orders, and further Awards.
- Appeals are to the county court within 14 days (Section 10(17)).
5) Access (Section 8): yes, it’s a thing
- Where works are notifiable, surveyor(s) can award temporary access onto the Adjoining Owner’s land with safeguards, reasonable notice, and time limits.
- Refusal of awarded access can be enforced—speak to your surveyor before it escalates.
6) Boundaries & “what surveyors don’t decide”
- Party wall surveyors don’t determine boundaries under the Act. They take the site facts and the works as proposed; true boundary disputes sit outside party wall jurisdiction and, if relevant, go to the courts.
- Similarly, rights to light and other statutory consents (planning, building control) are separate regimes. Awards commonly state that all other consents are still required.
7) Case-law shaped realities (practical takeaways)
- No notice, no Act: if you skip notices and finish notifiable works, you can’t ‘retro-fix’ it under the Act—disputes revert to common law (nuisance, trespass, negligence).
- Special foundations & design: whether reinforcement across a boundary needs consent depends on the actual design and evolving case interpretation; competent structural input and experienced surveyors are key.
- Surveyor immunity: if surveyors act within their statutory role, disagreements are for appeal, not personal liability claims.
8) Common pitfalls to avoid
- Serving notices on the wrong party (e.g., serving a tenant but not the owner).
- Invalid service (e.g., emailing without written consent to electronic service).
- Missing drawings for Section 6 excavation notices (plans/sections with depths and positions are expected).
- Banking on a “verbal chat”—that’s not statutory service.
- Trying to dodge notices by setting the wall “1 inch off” the boundary—construction and access realities still bite; use the Act properly.
9) Choosing (and being) the right surveyor
- Anyone can style themselves a “party wall surveyor” under the Act’s broad definition—so owner due-diligence is essential.
- Look for RICS-qualified, experienced, PI-insured surveyors who understand both the law and building pathology.
- Surveyors must act impartially and within the Act—resolving, not inflaming, disputes.
10) Security for Expenses (Section 12) — when risk is higher
- Common on basements, deep excavations, significant underpinning, or where the Building Owner’s covenant looks weak (e.g., overseas SPVs).
- A sum is agreed between owners or determined by surveyor(s) and held until risks are passed or damage is made good.
11) Fees & costs (what to expect)
- Normally, the Building Owner pays the reasonable surveyor(s) fees and any Third Surveyor determinations if used.
- Excessive, dilatory, or unreasonable conduct can affect cost apportionment, but it’s rare—surveyors and owners should keep matters proportionate.
Where Simple Survey keeps it clear—and cheap
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted)
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee (depends on complexity and number of notices/owners)
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side
We work to keep your neighbour’s surveyor’s fees reasonable and contained.
Ready to do it properly (and painlessly)?
Email team@simplesurvey.co.uk with your address and drawings. We’ll confirm what’s notifiable, serve valid notices, and—if there’s a dissent—move swiftly to a robust Award that protects both properties and keeps your programme moving.
Simple Survey — RICS-qualified, impartial, and the UK’s most cost-effective party wall experts.