The Party Wall etc. Act 1996 has been in force for a year shy of 30 years, yet many homeowners remain uncertain about when it applies. The legislation was designed to prevent disputes and safeguard neighbouring properties during construction projects.
When Does the Act Apply?
You may need to comply with the Act if your project involves:
- Building on, or close to, the boundary between properties
- Excavating near a neighbour’s foundations (within 3 metres, or 6 metres for deeper foundations)
- Altering or extending an existing party wall, such as during a loft conversion or dormer extension
- Carrying out structural work that could affect a shared wall
The Act protects neighbours while granting you certain legal rights to carry out building work. If disputes arise, there is a formal process to resolve matters fairly, helping to avoid costly court proceedings.
Party Wall “Awards,” Not Agreements
While many refer to “party wall agreements,” the correct legal term is a Party Wall Award. This document, prepared by one or more surveyors, outlines:
- The specific works permitted under the Act
- How and when the works should be completed
- Any necessary access to the neighbouring property
Why Involve a Party Wall Surveyor?
Whether you are planning a project or have received a party wall notice, an experienced party wall surveyor can:
- Confirm if the Act applies to your project
- Advise on potential risks to your property
- Determine whether simple consent is sufficient or a formal Award is required
- Act impartially to ensure the process is managed fairly
In many cases, a single surveyor can represent both parties, reducing both time and costs.
FAQs
What types of work fall under the Party Wall etc. Act 1996?
The Act covers three main notifiable work types: building a new wall on the boundary (Section 1), altering or repairing a shared/party wall (Section 2), and excavating close to a neighbour’s foundations (Section 6).
Do I always need to serve a Party Wall Notice under the Act?
Yes — for notifiable works as defined by the Act. Serving a Party Wall Notice is a legal requirement, and failing to do so can lead to serious consequences.
What happens if my neighbour dissents to the works?
If your neighbour dissents, surveyors must be appointed (either a jointly agreed surveyor or separate surveyors). They will prepare a Party Wall Award to resolve the dispute.
Can a building owner enter my land to carry out works?
Under Section 8, a building owner may legally access your land for notifiable works, but only if this right is granted via the Party Wall Award with clear conditions.
Who pays for the Party Wall surveyors and how are costs shared?
Typically, the building owner pays for the surveyor costs. The surveyor(s) will decide how costs are allocated in the Award, based on what is reasonable for the work and legal duties.
Expert Advice at Competitive Rates
At Simple Survey, we are recognised as one of the most cost-effective Party Wall surveyor services in the UK. Our team delivers clear, straightforward guidance to make the process simple and stress-free.
📩 Contact us today for a free, no-obligation quote: team@simplesurvey.co.uk