Below is a simple, plain-English guide to the most common Party Wall questions—what’s covered, how notices work, timelines, fees, and what to do if things go off-track.
What work is covered by the Party Wall etc. Act 1996?
The Act applies when you plan to:
- Build on or at a boundary (e.g., new wall on/astride the line of junction).
- Work on a shared structure (e.g., cutting steel into a party wall for a loft, raising/rebuilding, inserting a DPC, removing a chimney breast, underpinning).
- Excavate near a neighbouring structure (within 3 m and deeper than their foundations, or within 6 m where your dig crosses the 45° line from their foundation).
What is a “party wall”?
A party wall is a wall that divides properties and is shared. That includes:
- A wall that sits astride the boundary (party fence walls in brick/stone are included; timber fences are not).
- A wall that stands entirely on one owner’s land but is used by both properties to separate buildings.
What is a “party fence wall”?
A brick/stone boundary wall built astride the boundary line that is not part of a building. Timber fences aren’t covered by the Act.
What is a “party structure”?
A separating element inside/between buildings, e.g., walls and floors between flats/maisonettes.
I’m excavating near my neighbour—do I need a notice?
Usually, yes:
- Within 3 m of their structure and you’re going deeper than their foundations → Notice (Section 6(1)).
- Within 6 m, and your dig intersects the 45° line down from the bottom of their foundations → Notice (Section 6(2)).
If you’re unsure of their foundation depth, plan conservatively and serve notice to avoid later delays.
Who counts as an “owner” under the Act?
Anyone with a legal interest of more than 12 months, including freeholders and long leaseholders. Many properties have multiple owners to notify (e.g., freeholder + long leaseholder).
What is a Party Wall Award?
It’s a legally binding document made by appointed surveyor(s) that sets:
- What will be done and how/when.
- Access arrangements and safeguards.
- Damage/rectification procedures and cost apportionment.
It allows compliant works to proceed while protecting both properties.
Who can be the surveyor?
Anyone independent of the works and the parties (not a family member or someone with a stake). In practice, choose a specialist with solid Party Wall experience—poor drafting causes delay and cost.
Can we use one surveyor for both sides?
Yes—this is the Agreed Surveyor route. They must act impartially for both owners. If either side prefers their own surveyor, that’s fine—the two surveyors will then agree an Award together.
Who pays the fees?
Typically, the person benefiting from the works pays the reasonable costs of administering the Act. If a neighbour requests additional works purely for their benefit, those extras can be apportioned to them.
How long does the process take?
- Statutory notice periods:
- 1 month (new wall on boundary / adjacent excavation)
- 2 months (works to an existing party structure)
- Award timeframe: Often 4–6 weeks once responses and information are in order. More owners, missing drawings, holidays, or disagreements can extend this.
Always serve notices early; you can agree earlier start dates in writing, but you can’t shorten the period unilaterally.
Why did I get a letter after next door filed planning?
Some firms mail neighbours when a planning application is published. Planning and Party Wall are separate regimes. You may benefit from a surveyor—but you choose whom to appoint.
Do I have to use the Act if we’re on friendly terms?
A neighbour can consent in writing and skip the formal dispute path. Remember: consent is unconditional—if something goes wrong, you’re outside the Act’s dispute framework. Many friendly neighbours still prefer the certainty of an Award.
I don’t want the works—can the Act stop them?
No. The Act is enabling—it governs how works proceed, not whether they can happen (that’s planning). Surveyors can refine methods/timings/safeguards, but lawful works usually proceed once the Act is followed.
Work started without a notice—what now?
That’s risky. Remind the builder/owner that non-compliance can lead to injunctions and claims. Best practice is to pause, serve valid notices, and regularise matters via surveyor(s) and an Award.
What if surveyors can’t agree—or one goes quiet?
The Act provides for a Third Surveyor to determine points of disagreement. If one surveyor is unresponsive, the other can proceed after the required steps. The process is designed not to stall.
What if the contractor breaches the Award?
The owner doing the works is responsible for compliance. Breach risks injunctions and damages. A reminder usually gets things back on track; persistent breach can be escalated.
Can I appeal an Award?
Yes—either party has 14 days from service of the Award to appeal to the County Court. That’s why many builders wait the appeal window before starting.
Typical costs (our low-cost model)
Transparent, fixed pricing (guide):
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted).
- Agreed Surveyor (single surveyor): typically £300 fixed-fee (complexity and number of notices/owners may vary this).
- Two-surveyor route (we act for the owner doing the works): fixed-fee proposals from £325 for our side. (The neighbour’s surveyor usually bills hourly—we work to keep those costs reasonable and contained.)
- Complex projects (deep excavations, multi-owner blocks): we’ll still offer fixed pricing on our side.
No surprises, no creeping extras. You’ll know the number before we start.
Quick timeline at a glance
- Scope check (Sections 1/2/6).
- Prepare & serve valid notices (correct owners, correct content).
- 14-day response: consent, dissent with Agreed Surveyor, or dissent with two surveyors.
- Award agreed (protections, methods, access, cost rules).
- Appeal window (14 days) → start works per Award.
Need this handled quickly and correctly?
We’ll tell you exactly which notices you need, serve them same/next working day, manage responses smoothly, and drive a proportionate Award that protects both sides and keeps your build moving—for the lowest total cost we can find in England & Wales (we’ll beat any genuine like-for-like written quote).
Email: team@simplesurvey.co.uk
Simple Survey — faster notices, fair Awards, cheapest like-for-like fees.