If you’re planning building works near a boundary or a shared wall, the Party Wall etc. Act 1996 may apply. Getting the notice stage right protects your project, your budget, and your relationship with next-door. Here’s a clear, no-jargon walkthrough of when notices are needed, what they must cover, and how to keep things moving smoothly.
What counts as a “party wall” (and related structures)?
- Party wall: A wall that separates two buildings (e.g., the dividing wall between terraced or semi-detached houses).
- Party fence wall: A freestanding wall astride the boundary (typically a shared garden wall).
These aren’t the only structures covered by the Act, but they’re the most common on domestic projects.
Why the Party Wall Act matters
The Act is work-enabling. Follow it and you can usually proceed with sensible safeguards in place. Ignore it and you risk delay, cost and legal escalation.
- Formal notice first: You must serve written notice on affected neighbours before starting notifiable work. The minimum notice period is 1 month for new boundary walls and adjacent excavation, and 2 months for works directly to a party wall/party structure.
- Access rights: In certain circumstances, temporary access to a neighbour’s land can be formalised to let the works proceed safely.
- Damage route: If works cause damage, the Act provides a framework for putting things right.
- Dispute resolution: If neighbours don’t agree, the Act sets out a surveyor-led process that keeps projects moving and reduces court risk.
Typical projects that trigger the Act
Extensions
- Upwards: Adding a storey that affects a shared wall.
- Outwards: Building right up to the boundary (new flank wall).
- Basements & deep foundations: Excavation close to a neighbour’s building or structure, or deeper than their foundations, often triggers Section 6 (adjacent excavation).
Structural alterations
- Underpinning or strengthening that bears on a shared wall.
- Chimney/Breast changes on a shared wall.
- Cutting into a party wall for structural elements (e.g., beams, DPCs, flashings).
Other scenarios
- New walls on/at the boundary (line of junction).
- Excavations within 3 metres of a neighbouring structure and deeper than its foundations, or within 6 metres where the 45° rule applies.
Unsure whether your specific design is notifiable? A brief review by a party wall specialist can save weeks of avoidable delay.
Does the Act apply to roofs?
Sometimes, yes. The trigger isn’t the roof covering itself; it’s whether your works affect a shared structure.
- Loft conversions: Often involve cutting into the party wall for steelwork or raising a party wall—both notifiable.
- Shared chimneys: Repairs, removals or alterations on a joint stack can be notifiable.
- Pure re-tiling/re-slating: Usually not notifiable if you are not affecting a party wall or shared structure.
What happens if you don’t comply?
- Injunctions: Your neighbour may seek an urgent court order to halt the works.
- Costs: You could be liable for legal fees and associated losses.
- Delays: Stopping and re-starting under court oversight is invariably slower (and more expensive) than doing the notice process properly at the outset.
Who should help—engineer or surveyor?
Both can play a role, but they do different jobs:
- Structural engineers design and justify the works.
- Party wall surveyors administer the Act: advising on notice strategy, serving valid notices, handling responses, and agreeing a Party Wall Award where required.
On many projects, you’ll need both disciplines at different stages. A party wall specialist keeps the statutory process compliant and efficient, while your engineer ensures the scheme is technically sound.
The core notice timeline (simple view)
- Section 1 (new walls at boundary): Serve notice ≥ 1 month before start.
- Section 2 (works to a party wall/structure): Serve notice ≥ 2 months before start.
- Section 6 (adjacent excavation): Serve notice ≥ 1 month before start.
- Neighbour’s reply: They have 14 days to consent or dissent. No reply = dispute deemed; the surveyor route begins.
Common mistakes to avoid
- Serving too late: Statutory periods still apply even if everyone’s eager.
- Missing owners: You must notify all relevant legal owners (freeholders and some leaseholders).
- Vague descriptions: Notices must include the nature and particulars of the works (and plans/sections for excavations).
- Mixing up planning with party wall: Planning permission and the Party Wall Act are separate regimes with separate timelines.
Quick FAQs
Do I always need a Party Wall Award?
No. If your neighbour consents in writing, the formal surveyor route may not be needed. If they dissent or don’t reply, surveyors must be appointed and an Award agreed.
Can my neighbour force me to use their surveyor?
No. Each owner can appoint their own surveyor or jointly agree on a single, impartial Agreed Surveyor.
Who pays the costs?
Usually the person doing the works pays the reasonable costs of administering the Act, because they benefit from the project.
What if my neighbour ignores the notice?
After 14 days, a dispute is deemed to have arisen and a surveyor can be appointed on their behalf so the process can continue lawfully.
Get it right first time (and keep your build on track)
Simple Survey specialises in swift, compliant Party Wall Notice strategy and delivery, plus fast, fair resolution where an Award is required. We keep paperwork tight, timelines clear, and neighbour relations constructive—so you can build without drama.
Email: team@simplesurvey.co.uk
Simple Survey — clear notices, smooth awards, fewer delays.