If you’re planning an extension, loft conversion, basement excavation, or chimney breast removal, the Party Wall etc. Act 1996 may apply. The Act sets out a legal framework that helps prevent and resolve disputes between neighbours when building works affect shared walls, boundaries, or nearby structures.
This guide explains what the Act covers, when it applies, and the steps to take if a dispute arises.
Overview of the Party Wall Act
The Act applies in England and Wales (but not in Scotland or Northern Ireland). Its purpose is to ensure that certain types of building work are carried out fairly, with proper notice to neighbours.
In simple terms:
👉 If you plan to carry out works on or near a wall, boundary, or structure shared with a neighbour, you must serve notice before starting.
What Counts as a Party Wall?
A party wall or structure separates two properties. Typical examples include:
- The dividing wall between terraced or semi-detached houses
- A wall forming part of one property but sitting on the boundary with another
- A garden wall built astride the boundary line
- Floors or ceilings between flats or maisonettes
The Act also applies to excavations close to neighbouring structures, such as digging foundations for a new extension or basement.
Types of Works Covered by the Act
Works that usually require notice include:
- Demolishing or rebuilding a shared wall
- Increasing the height, thickness, or strength of a party wall
- Removing chimney breasts attached to a party wall
- Excavating within 3 metres of a neighbour’s foundations (if deeper than theirs)
- Excavating within 6 metres if your works cut beneath a 45° line drawn from their foundations
- Underpinning foundations
- Adding insulation or damp-proof courses into a shared wall
Works that typically do not require notice: minor jobs such as plastering, rewiring, or installing shelving.
Serving a Party Wall Notice
If your project falls under the Act, you must serve a Party Wall Notice on all affected neighbours.
A valid notice should include:
- Names of the owners carrying out the works
- The property address where works will take place
- A description of the works
- Names of adjoining owners affected
- The intended start date
- A clear statement that the notice is served under the Act
Notices must usually be served 1–2 months before works commence, depending on the type of work.
How Neighbours Can Respond
Adjoining Owners have 14 days to reply:
- Consent → Works may go ahead
- Dissent → Surveyors are appointed (one each, or one Agreed Surveyor) to prepare a Party Wall Award.
- No reply → Treated as dissent, and the surveyor process must begin.
What Happens in a Dispute?
When a dispute arises, surveyors are appointed to act impartially. They will prepare a Party Wall Award, which:
- Specifies the works to be carried out
- Sets out how and when the works may proceed
- May include protective measures to safeguard the neighbour’s property
- Grants access for surveyors to check during construction
No works may begin until the Award has been formally issued.
Appeals and Validity of an Award
- Either party can appeal an Award in the County Court within 14 days of receiving it.
- Works must start within 12 months of serving notice. If delayed beyond that, new notices must be issued.
Why the Act Matters
The Party Wall Act protects both sides by ensuring:
- Neighbours are informed before disruptive works begin
- Building owners can progress lawfully with their projects
- Disputes are resolved fairly by independent professionals
- The adjoining property’s condition is documented and safeguarded
Failure to follow the Act can lead to work being stopped and disputes becoming more expensive and difficult to resolve.
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