Short version: If your project touches a shared wall, builds on/near a boundary, or digs close to a neighbour’s foundations, the Party Wall etc. Act 1996 probably applies. That means serving valid notices, allowing time for responses, and—if needed—agreeing an Award so your works can proceed safely and lawfully.
What the Act Is (and Isn’t)
- What it is: A legal framework for doing building work on, over or near shared boundaries while protecting both properties and keeping projects moving.
- What it isn’t: Planning permission or Building Regulations. Those are separate. The Act doesn’t decide whether you can build—only how you must proceed around a shared boundary.
When the Act Normally Applies
- Works to a shared structure (Section 2)
Examples: cutting steel into a party wall for a loft, raising/rebuilding a shared wall, inserting a DPC, removing a chimney breast, underpinning. - New wall on/at the boundary (Section 1)
Examples: new flank wall for an extension built astride or up to the line of junction. - Excavation near a neighbour (Section 6)
- Within 3 m and deeper than their foundations, or
- Within 6 m where your dig intersects a 45° line down from the bottom of their foundations.
Minor works (e.g., repainting, replastering, fixing shelves) are usually outside the Act.
Core Definitions (fast)
- Party wall: A wall that separates buildings and is shared.
- Party fence wall: A masonry boundary wall astride the line (timber fences aren’t covered).
- Party structure: A separating element inside/between buildings (e.g., walls/floors between flats).
The Process in Four Steps
- Serve Valid Notices
- 2 months before works to an existing party structure.
- 1 month before new wall on boundary or adjacent excavation.
Notices must identify the legal owners, describe the works clearly, and state intended start dates.
- Neighbour Responds (within 14 days)
- Consent in writing → you can proceed under the Act.
- Dissent (Agreed Surveyor or two surveyors) → surveyor(s) administer the Act and produce an Award.
- No reply → a dispute is deemed; a surveyor can be appointed for the non-responding side so the process continues.
- Party Wall Award (if there’s a dissent)
A legally binding document that sets methods, timings, protections, access, and what happens if damage occurs. - Appeal Window (14 days)
Either owner may appeal to the County Court. Many projects wait out the appeal period before starting.
Practical Tips That Avoid Headaches
- Start early. Notices can be served before final detailing (so long as the works are accurately described).
- Get the owners right. Flats often mean freeholder + long leaseholder(s) need notice.
- Keep it proportionate. Well-targeted, clearly described works reduce friction and surveyor cost on both sides.
- Separate regimes. Planning approval ≠ Party Wall compliance. You often need both.
Typical Timings (guide)
| Stage | Typical Duration |
| Prepare & serve notices | Same/next working day with Simple Survey |
| Neighbour response window | 14 days |
| Award drafting (if needed) | ~2–6 weeks (project/people dependent) |
| Appeal window after Award | 14 days |
Transparent, Fixed Pricing (guide)
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted).
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee (depends on complexity and number of notices/owners).
- Two-surveyor route (we act for the owner doing the works): fixed-fee proposals from £325 for our side. (Your neighbour’s surveyor commonly bills hourly—we work to keep those costs reasonable and contained.)
- Complex works (deep excavations, multi-owner blocks): we’ll still offer the fixed pricing above.
- No surprises, no creeping extras. You’ll know the number before we start.
Frequently Asked Questions
Do I really need to serve a notice?
If your works fall under Sections 1, 2 or 6, yes. Skipping notices risks injunctions, delays and additional cost.
My neighbour consented—do I still need surveyors?
Not necessarily. A written consent lets you proceed under the Act. Many neighbours still prefer formal paperwork to keep roles, methods and responsibilities crystal-clear.
Can we use one surveyor for both of us?
Yes—the Agreed Surveyor route is often fastest and cheapest. They must act impartially for both owners.
Who pays the fees?
Usually the person doing the work pays the reasonable costs of the process. If a neighbour asks for extras solely benefiting them, those items can be apportioned.
What if my neighbour ignores the notice?
After 14 days a dispute is deemed. A surveyor can be appointed for them so the process continues and you’re not stuck.
Planning says yes—so I’m fine, right?
Planning and Party Wall are separate. You generally need to comply with both.
Common Mistakes (and how to dodge them)
- Serving the wrong owners → check freeholder/long leases at the outset.
- Vague descriptions → be clear about methods and extent (especially for cutting-in and excavations).
- Serving too late → notice periods + Award time can push your start date; serve early.
- Mixing regimes → don’t rely on planning approval to cover Party Wall duties.
Bottom Line
Handled correctly, the Party Wall process keeps your build on track, protects both sides, and avoids last-minute injunctions or costly disputes. The key is valid notices, proportionate documentation, and steady momentum to an Award where needed.
Want it done fast, correctly, and for less?
We specialise in lean, digital-first Party Wall delivery: valid notices served same/next working day, proportionate paperwork, and the lowest like-for-like total cost we can find in England & Wales (we’ll beat any genuine written quote).
Email: team@simplesurvey.co.uk
Simple Survey — faster notices, fair Awards, cheapest like-for-like fees.