This plain-English guide explains your core rights and duties under the Party Wall etc. Act 1996 in England & Wales. It corrects a few common myths (like “you must get your neighbour’s permission”) and sets out the real steps you need to follow so your project can proceed lawfully—and smoothly.
What counts as a party wall?
- A party wall is a wall shared by buildings that belong to different owners (typical in terraces and semis).
- Where a wall separates different-sized buildings, only the portion used by both is a party wall; the rest belongs to the owner on whose land it stands.
- The Act also covers:
- Party fence walls (shared garden walls not forming part of a building), and
- Party structures (e.g., floors/ceilings between flats).
When does the Act apply?
You don’t need your neighbour’s “permission” to do notifiable works—but you must follow the Act’s notice and dispute-resolution procedures. The Act typically applies to work such as:
- Section 2 (work to party structures – 2 months’ notice):
Cutting into a party wall (e.g., for steel beams), inserting a DPC through the wall, raising, demolishing and rebuilding, or underpinning a party wall; cutting off projections (e.g., chimney breast); weathering works into a neighbour’s wall. - Section 1 (new walls at the line of junction – 1 month’s notice):
Building a new wall up to the boundary (entirely on your land) or proposing a new wall astride the boundary (the latter needs the neighbour’s express consent—otherwise you must build wholly on your land). - Section 6 (adjacent excavation – 1 month’s notice):
Excavating within 3 metres of a neighbouring structure and deeper than its foundations, or within 6 metres where certain depth/angle rules are triggered (e.g., piles, deep foundations).
What the Act does not cover
Day-to-day minor works on your side that don’t affect the party structure, such as:
- Fixing shelves, cupboards, or plugs,
- Replastering,
- Replacing recessed wiring like-for-like.
If in doubt, check—because even small works can become notifiable if they cut into or alter the party structure.
The right way to start: notices and timings
You must serve a valid notice before you do notifiable work. Timings:
- 2 months before works that fall under Section 2 (party structures).
- 1 month before Section 1 (line of junction) and Section 6 (adjacent excavation).
Notices must include the correct statutory information (addresses, names, description of works, intended start date, relevant section(s) of the Act; for excavations, plans/sections).
Tip: Speak to your neighbours before serving notices. Friendly, early conversations reduce misunderstandings and speed up responses.
Who do you notify?
- The legal owner(s) next door (freeholder and any leaseholders with terms exceeding 12 months).
- In flats: owners above and below may also be affected depending on the works.
- Where a property is let, notify both the landlord and any qualifying tenants.
- If ownership is unclear, you can address a notice to “The Owner” at the property.
How neighbours can respond (and what happens next)
After service, the neighbour has 14 days to respond in writing:
- Consent – they are content for you to proceed under the Act without the dispute-resolution stage.
- Dissent with an Agreed Surveyor – both owners jointly appoint one impartial surveyor to make an award.
- Dissent with separate surveyors – each owner appoints their own; the two surveyors agree an award (or refer narrow points to a third surveyor if needed).
No response? After a further 10-day request, a surveyor can be appointed on the non-responsive neighbour’s behalf under Section 10(4), so the process can continue.
What is a party wall award?
If there’s a dissent (or deemed dissent), the appointed surveyor(s) will make a party wall award. This legally binding document authorises defined works, sets how and when they must be carried out, clarifies access, and deals with practical safeguards and procedures. Once served, it gives you a clear, enforceable route to proceed.
Who pays?
In most cases, the party carrying out the notifiable works pays the reasonable costs of administering the procedures (their own surveyor and, if applicable, the neighbour’s), because they benefit from the works. Exceptions can apply where works are requested by the neighbour or benefit are shared.
Key myths—busted
- “I need my neighbour’s permission to do the work.”
Not exactly. You need to serve valid notice and either obtain consent or obtain an award. Refusal to consent doesn’t block compliant works; it triggers the statutory dispute-resolution route. - “Planning permission covers party wall matters.”
No. Planning/building control is separate. You still need to comply with the Act if the works are notifiable. - “The council will sort this out.”
No. Local authorities aren’t parties to Party Wall Act procedures and won’t adjudicate disputes.
Practical next steps
- Confirm scope – do your works trigger Sections 1, 2 or 6?
- Talk early – share a plain-language overview with neighbours.
- Serve valid notices – with the correct timings and content.
- Plan the route – Agreed Surveyor (often fastest/cheapest) or two surveyors where appropriate.
- Keep momentum – respond to queries promptly so the award can be agreed and served in good time.
If you want the paperwork done right—first time—without drama or inflated fees, we can help.
Simple Survey prepares compliant notices, manages responses, and delivers clear, enforceable awards at transparent fixed prices.
Get a no-nonsense, fixed quote today: team@simplesurvey.co.uk
Simple Survey — clear advice, lean fees, zero fuss.