If your neighbours are undertaking building work near your property, you may be wondering whether a party wall surveyor can regulate the hours during which noisy work is allowed. The answer is both yes and no—depending on the nature of the works involved and whether they fall under the Party Wall etc. Act 1996.
Here’s how it works:
When the Party Wall Act Applies
Let’s say you live in a detached property, and your neighbour is constructing a rear extension. If the builder intends to dig foundations within three metres of your home, that excavation work falls under the Party Wall etc. Act 1996.
Unless you provide written consent, the building owner must appoint a Party Wall Surveyor (or surveyors) to serve notice and draw up a Party Wall Award. This Award may include detailed provisions about:
- The scope of the work
- Measures to protect your property
- Permitted hours during which excavation and associated noise can occur
In this context, the surveyor can restrict noisy work—but only for those elements covered by the Act.
When the Party Wall Act Does Not Apply
Once foundation work is complete, your neighbour’s builders may move on to erecting walls or constructing the roof. If this stage of the project:
- Takes place entirely on their land, and
- Does not affect a shared or adjoining structure
…it falls outside the remit of the Party Wall Act.
As such, the Party Wall Surveyor(s) have no authority to dictate when this part of the work may take place. These later stages are considered general building activity and are subject only to standard local authority regulations—not party wall legislation.
What If the Noise Becomes a Problem?
Construction noise is an inevitable part of any building project, but excessive or poorly timed noise can become a genuine nuisance. If your concerns relate to parts of the project not governed by a Party Wall Award, your best course of action is to:
- Check your local council’s guidelines for permitted construction hours
- Report unreasonable noise or out-of-hours work to the Environmental Health department
- Keep a record of any persistent disturbances
Most councils in the UK recommend working hours such as:
- Monday to Friday: 8:00am–6:00pm
- Saturday: 8:00am–1:00pm
- Sunday and bank holidays: No work permitted, unless agreed
Final Thoughts
A Party Wall Surveyor can control working hours—but only for works covered by the Party Wall etc. Act 1996. For any other construction activity outside this framework, responsibility shifts to your local authority and the standard environmental protections in place.
Understanding the scope of party wall legislation—and its limits—can help you set realistic expectations and take appropriate steps if excessive noise becomes an issue.
Unsure Whether Your Neighbour’s Work Is Covered by the Act?
Our experienced surveyors can help you determine whether specific works fall under the Party Wall etc. Act 1996—and ensure your rights are properly protected.
For advice or assistance, contact:
team@simplesurvey.co.uk
We’ll help you understand your legal position, manage notices, and navigate the process professionally.