If your project could affect a shared structure (a wall, floor/ceiling between flats, or a garden wall on the boundary), the Party Wall etc. Act 1996 sets out a simple legal route that protects both you and your neighbour while keeping works moving.
What counts as a “party wall” (or party structure)?
- A wall on or straddling the boundary between two properties
- A party fence wall (a masonry garden/boundary wall on the line)
- A party structure between units (e.g., floors/ceilings in flats)
You don’t have to co-own the whole wall for the Act to apply—the trigger is the wall/structure’s position and function, not title nuances.
When does the Act apply?
Typical triggers include:
- Section 2 (works to party structures): cutting in steel beams, removing chimney breasts, raising/underpinning, inserting flashings, exposing a party wall, etc.
- Section 1 (new walls on/at the boundary): building a new wall up to or astride the line of junction.
- Section 6 (adjacent excavation): digging foundations within 3m (and deeper than the neighbour’s) or within 6m where the 45° test is met (e.g., piling).
The process—step by step
- Confirm notifiability
Map your drawings against Sections 1, 2, 6 to see which parts are covered. - Identify all Adjoining Owners
Serve anyone with a legal interest >12 months in the affected premises (freeholder and relevant long-leaseholders). - Serve the correct notice(s)
- s.2 Party Structure Notice: 2 months minimum lead-in
- s.1 / s.6 Notices: 1 month minimum lead-in
Notices must describe the notifiable works; s.6 also needs a plan/section showing foundation depths.
- Neighbour’s response (within 14 days)
- Consent (works can proceed after) or
- Dissent (triggers the dispute process), or
- No reply (deemed dissent).
- If there’s a dissent or no reply
- Each side appoints a Party Wall Surveyor, or both agree on one Agreed Surveyor.
- If there’s silence, the Building Owner can, after a further 10-day request, appoint a surveyor on the neighbour’s behalf (not the same person as their own).
- Schedule of Condition
Surveyor(s) record the neighbour’s at-risk areas before work starts (photos + notes). If access is refused, surveyors proceed on the best available external record. - Party Wall Award
The surveyor(s) issue an Award that:- Confirms what may be done, how and when (time & manner),
- Sets protections, access protocols and damage procedures,
- Allocates fees/costs (typically to the Building Owner), and
- Appends the drawings.
The Award is served forthwith; each owner has 14 days to appeal.
- Carry out the works
Work in line with the Award and any access notice requirements (usually 14 days under s.8).
If damage occurs, the Building Owner must make good or compensate in accordance with the Act/Award.
What does a Party Wall Surveyor do?
- Checks notifiability and drafts/serves valid notices
- Identifies all Adjoining Owners to avoid invalid service
- Runs the Schedule of Condition
- Drafts/negotiates the Award (proportionate protections, access, methods)
- Manages damage and fee disputes; refers to a Third Surveyor if needed
Impartiality is key: surveyors act independently under Section 10, even though the Building Owner usually pays reasonable costs.
Quick timings at a glance
- Lead-in: 1 month (s.1/s.6) · 2 months (s.2)
- Response: 14 days to consent/dissent (no reply = dissent)
- No reply follow-up: extra 10 days (s.10(4)) before appointing on neighbour’s behalf
- Appeal: 14 days from service of the Award
- Notice validity: Works must begin within 12 months of serving the notice
FAQs
When do I need to start the Party Wall process?
You should start the Party Wall process as soon as your drawings confirm notifiable works under Sections 1, 2 or 6 of the Party Wall etc. Act 1996. Notices must be served at least one or two months before work begins, depending on the type of work.
What happens if my neighbour ignores a Party Wall Notice?
If your neighbour does not respond within 14 days, the law treats this as a deemed dissent. The dispute resolution process then applies, and surveyors must be appointed so a Party Wall Award can be issued.
Do I always need a Party Wall Surveyor?
You only need a Party Wall Surveyor if your neighbour dissents or fails to reply to the notice. If they consent in writing, no surveyor appointment is required—although professional advice is still recommended for complex works.
How long does the Party Wall process usually take?
For straightforward projects, the process typically takes 3–6 weeks after notice periods, depending on neighbour response and surveyor availability. Using an Agreed Surveyor is often the fastest route to a Party Wall Award.
Who pays for the Party Wall process and the Award?
In most cases, the Building Owner pays all reasonable costs, including surveyor fees and the Party Wall Award, because they are the party benefiting from the works. Costs must be proportionate and justifiable under the Act.
Want the simplest, lowest-cost route to compliance?
Email team@simplesurvey.co.uk—Simple Survey are the lowest-cost party wall surveyors across England & Wales. We’ll confirm what’s notifiable, serve valid notices and issue a clear, proportionate Award so your build stays compliant and on programme.