Constructing against a party wall—a structure shared with an adjoining property—demands both legal awareness and neighbourly sensitivity. Whether you are planning an extension, renovation, or new build, a clear understanding of your rights and obligations is essential to prevent disputes and ensure a compliant, well-managed project.
Understanding Your Legal Position
In England and Wales, works involving party walls are regulated by the Party Wall etc. Act 1996, which protects the interests of both the building owner (the party initiating the works) and the adjoining owner (the neighbour who shares the wall).
Key rights and responsibilities include:
- The building owner may carry out work affecting the party wall, access the neighbour’s land if necessary, and undertake repairs or structural modifications.
- The adjoining owner has the right to receive formal notice, raise objections where appropriate, and appoint a party wall surveyor to safeguard their interests.
Serving a Party Wall Notice
Before commencing any works, the building owner must serve a Party Wall Notice to the adjoining owner. This notice must clearly outline:
- The nature and scope of the proposed work
- The anticipated start date
- The name and contact details of the building owner
The notice should be served within the statutory time limits—typically at least two months before the commencement of work.
What Happens After Notice Is Served?
Once the adjoining owner receives the notice, they have the following options:
- Consent in writing, allowing the work to proceed
- Dissent, which triggers the dispute resolution process
- Fail to respond, which is legally treated as dissent
In the event of dissent or no reply within 14 days, a dispute is deemed to have arisen under the Act. Both parties must then appoint surveyors—either individually or agree upon a single Agreed Surveyor—to resolve matters and draw up a Party Wall Award (also known as a Party Wall Agreement).
The Party Wall Award
This legally binding document outlines:
- The exact work to be carried out
- Conditions and safeguards to protect the adjoining property
- Working hours and access arrangements
The Party Wall Award ensures that both parties’ rights are protected and that any necessary remedies—such as compensation for damage—are clearly defined.
Maintaining Positive Neighbour Relations
Legal compliance alone is not enough. To minimise tension and foster goodwill:
- Communicate early – Discuss plans informally before serving notice
- Keep neighbours informed – Provide updates throughout the project
- Acknowledge concerns – Address questions openly and respectfully
- Consider mediation – For complex or emotional disputes, neutral mediation may help avoid litigation
A cooperative approach often results in a smoother process and a stronger neighbourly relationship.
Final Thoughts
Carrying out construction against a party wall requires more than technical expertise—it requires legal diligence and thoughtful communication. By following the procedures laid out in the Party Wall etc. Act 1996 and engaging qualified professionals where appropriate, you can reduce the risk of disputes, protect your investment, and maintain positive relations with those next door.
Planning to Build Against a Party Wall?
Ensure your project is legally sound and neighbourly from the start. Our expert surveyors are here to provide tailored advice, draft notices, and manage the party wall process on your behalf.
For professional guidance, contact:
team@simplesurvey.co.uk
We’ll help you navigate the legal landscape—clearly, confidently, and compliantly.