If you’re planning an extension, loft conversion, basement works, or any structural alteration near a boundary, you’ll likely meet the Party Wall etc. Act 1996.
The first (and most important) step under the Act is serving a Party Wall Notice.
This guide explains when a notice is needed, why it’s a legal requirement, the statutory timings, how neighbours can respond, and what happens if a dissent arises.
What work does the Act cover?
The Act regulates notifiable works in three broad buckets:
- Works to a party wall/party structure (Section 2)
Typical examples include:
- Cutting into a party wall to seat steel beams for a loft conversion
- Inserting a damp-proof course
- Raising, thickening, demolishing and rebuilding a party wall or party fence wall
- Cutting away projections (e.g., chimney breast removal off a party wall)
- Weathering works at the junction of two structures
- New walls at the line of junction (Section 1)
- Building a wall exactly on the boundary (needs your neighbour’s written consent)
- Building a new wall up to (but wholly on) your side of the boundary
- Adjacent excavation (Section 6)
- Excavating within 3 metres of a neighbouring structure to a deeper level than its foundations
- Excavating within 6 metres where the dig falls within the 45° line from the neighbour’s foundation
If your project touches any of the above, you (as the Building Owner) are under a legal duty to serve the correct Party Wall Notice(s) on all Adjoining Owners (freeholders and any long leaseholders).
It’s a legal requirement—separate from planning and building control
Party Wall Notices are statutory. They are required in addition to planning permission and building regulations approval (and separate from things like rights to light). Starting notifiable works without notice exposes you to injunctions, delay, and unnecessary cost—even where you have planning permission.
When to serve: the statutory timings
- Section 2 (works to party structures): serve at least 2 months before works start
- Section 1 (line of junction) and Section 6 (adjacent excavation): serve at least 1 month before works start
A notice is valid for 12 months from service. Always allow time for responses, appointments, and (if needed) agreeing an Award.
What must a notice include?
At minimum: the Building Owner’s and Adjoining Owner’s names and addresses, description of the proposed works, the relevant section(s) of the Act, and the intended start date (respecting the statutory lead-in).
For Section 6 you must include plans/sections showing the excavation position and depth.
How can your neighbour respond?
Once served, the Adjoining Owner has 14 days to respond:
- Consent in writing – you can proceed (still subject to any other statutory consents).
- Dissent & Agreed Surveyor – both owners appoint one impartial surveyor to resolve the dispute and make an Award.
- Dissent & Own Surveyor – each owner appoints a surveyor; those two select a Third Surveyor (a back-stop). They agree an Award together.
No response within 14 days = deemed dissent, and the surveyor route begins.
What happens if there’s a dissent?
A dissent doesn’t block the project—it simply engages the Act’s dispute resolution:
- Surveyor(s) review the proposals (drawings, method statements, excavation details, temporary works, protections).
- They agree a Party Wall Award covering the time and manner of the works, protections to the Adjoining Owner’s property, access arrangements (if necessary), and responsibility for reasonable costs.
- The Award is binding once served (either party has 14 days to appeal to the county court on a point of law).
- You can then lawfully start in accordance with the Award and the statutory notice periods.
Who pays?
Where works are for the Building Owner’s sole benefit, they typically fund the reasonable Act costs: drafting/service of notices and reasonable surveyors’ fees (their own and, if appointed, the neighbour’s).
Costs can be apportioned differently for repairs/defects or owner-requested extras, but the default is Building Owner pays.
Practical tips to keep things smooth (and affordable)
- Serve the right notice(s) early—don’t leave this to site start.
- Provide clear drawings, especially for excavations (depths and positions).
- Talk to your neighbour first: a friendly heads-up often avoids knee-jerk dissents.
- Choose experienced, impartial surveyors who keep things proportionate and practical.
Simple Survey: low-friction notices, sensible fees, quick answers
We keep the process compliant, calm and cost-effective:
- 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/number of owners)
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side (we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained)
Email your drawings (even if draft) and the site address to team@simplesurvey.co.uk and we’ll confirm what’s notifiable, which notices you need, and the fastest compliant path to your Party Wall Award—often the same day.
Simple Survey — Notices done right, Awards agreed quickly, projects kept moving.