If you’re planning building works — or your neighbour is — the Party Wall etc. Act 1996 might apply. This important piece of legislation requires that adjoining neighbours are formally notified when certain types of construction are proposed. It also gives them the right to have the works professionally reviewed by a Party Wall Surveyor to ensure their property is protected.
When Does the Party Wall Act Apply?
Here are common examples of works that require formal notice under the Act:
- Raising or rebuilding a party wall or garden wall (known as a Party Fence Wall)
- Cutting into a party wall, for example to insert a steel beam or flashing
- Removing chimney breasts attached to a party wall
- Excavating foundations within 3 or 6 metres of a neighbouring building
- Building a new wall astride or adjacent to a boundary line
What Happens Once a Notice Is Served?
Once the legal notice is issued to your neighbour (the “Adjoining Owner”), they can:
- Consent to the works with no further involvement, or
- Appoint a Party Wall Surveyor to review and oversee the process
In many cases, both parties agree to use a single Agreed Surveyor, who acts impartially for both sides. Alternatively, each party may appoint their own Surveyor, and those Surveyors will work together to reach an agreement.
The Role of the Party Wall Surveyor(s)
Once appointed, the Surveyor(s) will:
- Review all technical documentation, including architectural plans, structural drawings, and any method statements from the contractor
- Prepare a legally binding document called a Party Wall Award
What Is a Party Wall Award?
The Award contains:
- Drawings and technical details
- Methodology for safe working
- Rights and obligations of both parties (e.g. access arrangements, working hours, risk mitigation)
- Agreed Surveyor fees (paid by the Building Owner)
Once the Award is served, the Building Owner may begin the works.
After the Work Is Completed
Once the construction is finished, the Surveyor(s) will typically return to the Adjoining Owner’s property to check for any damage.
If damage has occurred, the Surveyor will determine how it should be remedied. The Adjoining Owner may:
- Request compensation, or
- Have the Building Owner make good the damage directly
In either case, the Building Owner is legally responsible for repairing or compensating for any damage caused by the works.
What If There’s a Dispute?
The Party Wall Surveyor(s) play a quasi-judicial role, meaning they have the authority to resolve disagreements in accordance with the Act. If either party is unhappy with the outcome, they can appeal to the county court within 14 days of the Award being served.
Why the Party Wall Act Matters
The Act exists to protect all parties involved in construction projects. It ensures that:
- Neighbours are informed and protected
- Existing conditions are documented
- Any damage is fairly resolved
- Disputes are handled professionally — without court involvement
It ultimately supports building work, while preventing unnecessary conflict or claims.
Need Expert Advice?
Whether you’re a homeowner planning building works or a neighbour who’s just received a notice, we’re here to help.
📧 Email us today at team@simplesurvey.co.uk for free, impartial advice.