The Party Wall etc. Act 1996 enables building works that might affect shared structures or neighbouring land to proceed without unnecessary inconvenience to the Adjoining Owner. It does this by setting a simple framework of notice, response, and expert determination.
1) Notice and Response
The owner proposing the works (the Building Owner) must serve a formal written notice on the affected neighbour(s) (the Adjoining Owner(s)).
Adjoining Owners then choose to:
- Consent – allowing the works to proceed without an Award; or
- Dissent – which creates a dispute to be resolved under the Act.
2) Who Resolves the Dispute?
Only party wall surveyors can determine a dispute under the Act:
- The parties may jointly appoint one impartial “Agreed Surveyor”, or
- Each appoints their own surveyor; those two then select a Third Surveyor to determine any points they cannot agree.
Their decision is recorded in a Party Wall Award, which is formally served on both owners.
3) After the Award: Starting and Managing the Works
Once the Award is served and the statutory notice period has expired (or been waived), the Building Owner may start the notified works—but remains bound by:
- The terms of the Award (e.g., method, safeguards, access protocol, working hours), and
- The provisions of the Act (including rights of access, and making good/compensation for loss or damage).
4) Fees and Ongoing Role of Surveyors
The Act leaves allocation of surveyors’ fees to the surveyors’ determination. In practice, the Building Owner—as the party benefiting from the works—usually pays the reasonable fees.
Surveyors remain appointed to address further issues arising from the authorised works (e.g., method adjustments, damage procedures, access clarifications).
Want this handled correctly from the start?
Email team@simplesurvey.co.uk—the lowest-cost party wall surveyors across England & Wales—for compliant notices and robust Awards that keep projects moving while protecting both properties.