Under the Party Wall etc. Act 1996, a Building Owner is the person (or company) who intends to carry out works on their property that could affect a shared wall, boundary, or neighbouring structure.
The Act places clear responsibilities on the Building Owner. These include:
- Serving valid notices on adjoining owners before starting work
- Following the correct statutory notice periods
- Appointing surveyors where required
- Covering the reasonable costs of surveyors and any related procedures
By following the Act, Building Owners can move projects forward lawfully while ensuring their neighbour’s property is properly protected.
Do I Need to Serve a Notice?
You will usually need to serve a Party Wall Notice if your works involve:
- Loft conversions (e.g., cutting beams into a party wall)
- Extensions built up to or across the boundary line
- Excavations for basements, drainage, or foundations near a neighbour’s property
- Underpinning or strengthening of foundations
- Re-roofing where shared structures may be affected
- Internal alterations that impact a party wall or adjoining structure
Notices are also required where:
- Works directly affect a party wall or structure (section 2 of the Act)
- Excavations take place within 3 or 6 metres of a neighbouring property (section 6)
- A new wall is built on or astride the boundary line (section 1)
Works to a Party Wall or Structure (Section 2)
The Act gives Building Owners certain rights, including:
- Underpinning, thickening, or raising a party wall
- Demolishing and rebuilding defective or unsafe walls
- Cutting into a party wall (e.g., to insert a damp-proof course or beams)
- Removing projections such as chimney breasts or footings that encroach on your land
- Raising a party fence wall and converting it into a party wall
- Reducing or rebuilding a party wall to a safe height or thickness
- Exposing a party wall that was previously enclosed (with adequate weatherproofing)
Notice period: 2 months.
Excavation Near a Neighbour’s Property (Section 6)
You must serve notice if you plan to excavate:
- Within 3 metres, and deeper than your neighbour’s foundations; or
- Within 6 metres, where your excavation would intersect a line drawn downwards at 45° from the bottom of their foundations.
Notice period: 1 month.
New Walls at the Boundary (Section 1)
You may need notice if you want to:
- Build a new wall up to or astride the boundary line
- Replace a fence, hedge, or existing wall with a new boundary wall
Notice period: 1 month.
Why Compliance Matters
Serving the correct notice isn’t just a legal obligation—it helps avoid disputes, delays, and unnecessary costs. Following the Act gives your neighbour peace of mind while ensuring your project can proceed with proper legal protection.
đź“© Contact team@simplesurvey.co.uk, England and Wales’ most cost effective Party Wall Surveying team with Party Wall Notice fees from ÂŁ25.00 and Party Wall Award fees capped at ÂŁ325.00. We will not be beaten on price!