If you’re reading this, you’ve probably been told you need to serve a Party Wall Notice—or your neighbour has said they’ll be serving one on you.
Either way, you’re in the right place.
Below is a clear, practical guide to help you understand when the Party Wall etc. Act 1996 applies, what must happen next, who pays, and how surveyors actually help.
1) Are the works covered by the Party Wall etc. Act 1996?
The Act covers three broad categories. If your works fall into any of these, the Act applies and Notice is required before works start:
A) New walls on or near the boundary
- Section 1: Building a new wall up to the line of junction (boundary) or, with written consent, astride it (a “party wall astride the boundary”).
- Typical examples: side/rear extension flank walls, garden studio walls close to the boundary.
B) Works to a party wall / party fence wall / party structure
- Section 2 (noticed under Section 3): Cutting into or away from a party wall (e.g., loft conversion steels, chimney breast removal, injection DPCs, raising or underpinning a party wall), works to a party fence wall (a shared garden wall—brick or masonry, not timber fences), or a party structure (ceilings/floors between flats).
C) Adjacent excavations near your neighbour’s foundations
- Section 6: Excavating within 3 metres (and deeper than your neighbour’s foundations), or within 6 metres where the 45-degree line from the neighbour’s foundation is intersected (common for basements, lightwells, piles).
- For Section 6, plans and sections with depths are required with the Notice.
Tip: When in doubt, ask a qualified party wall surveyor to check your drawings. If your work isn’t notifiable, you’ll have written peace of mind. If it is, you’ll know exactly which Notices are required and why.
2) It’s the law—Notices must be served (you can’t contract out)
The Act is statute. Owners cannot opt out in a private agreement. If notifiable works are planned, valid Party Wall Notices must be served in the correct form and timeframe (typically 1 month minimum for Sections 1 & 6 and 2 months minimum for Section 2). Invalid or late Notices risk delays, injunctions, or re-service.
3) The three Notice response options
Once a valid Notice is served, each Adjoining Owner has 14 days to respond:
- Consent
- The Adjoining Owner allows the works to proceed under the Act without appointing surveyors.
- Agreed Surveyor
- Both owners jointly appoint one impartial surveyor to make a Party Wall Award.
- Usually quicker and cheaper; there is no Third Surveyor in this route.
- Two Surveyors
- Each owner appoints their own surveyor; those two select a Third Surveyor (only used if the first two cannot agree).
- Common for higher-risk works (e.g., basements, deep excavations, complex structures).
If no written response within 14 days, it’s a deemed dissent and the dispute must be resolved through surveyor appointment(s).
4) Who pays the fees?
In most cases, the Building Owner (the party doing the works) pays the reasonable costs of the Party Wall procedures, including:
- Their own surveyor;
- The Adjoining Owner’s surveyor (if any);
- Reasonable professional inputs (e.g., checking engineer) where necessary and proportionate.
If an Adjoining Owner acts unreasonably and drives unnecessary cost, surveyors can consider cost apportionment. This is rare, but the Act does protect Building Owners against plainly excessive or unreasonable charges.
5) What do Party Wall Surveyors actually do?
Party wall surveyors are impartial statutory appointees (they do not act as your advocate). Their duty is to resolve the Act’s “dispute” and make sure the works proceed lawfully and safely with proper neighbour protection. Surveyors will typically:
- Confirm which sections of the Act apply and ensure valid Notices;
- Review the construction details (drawings, method statements, temporary works, sequencing);
- Draft and agree a Party Wall Award setting out:
- How and when the notifiable works must be carried out;
- Access provisions (if needed under Section 8), with protections and reinstatement;
- Temporary safeguards (e.g., hand tools near the party wall, dust control, sheeting vents/flues, trench support time limits, temporary weathering);
- Damage protocol (making good vs compensation, evidence requirements, timeframes);
- Insurance/indemnities and communication routes;
- Serve the Award so it becomes binding (subject to a 14-day appeal window).
Remember: Surveyors are neutral. They administer the Act; they aren’t there to “win” your case—they’re there to prevent disputes and protect both properties.
Frequently Asked “Help” Questions
Q: Can we skip Notices if my neighbour is happy?
A: No. If the works are notifiable, you must serve Notices. Years later, when you sell, you’ll likely be asked for Notices and (if dissent occurred) the Award.
Q: Can my neighbour charge me for access?
A: Not for statutory access under Section 8. Access is governed in the Award with protections. (They can claim for damage, reinstatement, and reasonable protections.)
Q: What if damage occurs?
A: The Act has a built-in damage resolution process via the surveyors/Award—usually quicker, clearer, and cheaper than fighting under common law.
Q: What happens if I ignore the Act?
A: You risk injunctions, delays, and added cost. Always take the statutory route—properly and early.
How Simple Survey makes Party Wall help… simple
- Fast notifiability check: Send us your drawings. We’ll tell you what’s notifiable and which Notices are required.
- Valid Notices, first time: We draft and serve Notices correctly (including required plans/sections).
- Smooth awards: Clear, contractor-friendly wording so site teams follow the rules (and you avoid friction).
- Communication: We keep both owners informed and dial down temperature from start to finish.
Simple, Fixed Fees (Nationwide)
- Party Wall Notice service: £25 per adjoining ownership
- Party Wall Award (Agreed Surveyor): from £300 fixed-fee
- Party Wall Award (acting for the Building Owner in a two-surveyor appointment): from £325 fixed-fee for our side
We’re experienced building surveyors and RICS-qualified. Our approach: clear advice, fixed pricing, nationwide coverage.
Need Party Wall help now?
Email your drawings and address for a free notifiability check and a fixed quote. We’ll confirm what’s required, draft valid Notices, and guide you to a clean, compliant Award—without the drama.
Simple Survey — Nationwide • Fixed Fees • Experienced & Qualified
📧 team@simplesurvey.co.uk