How to tell—quickly and confidently—if the Act applies to you
One of the questions we’re asked daily is:
“Are my works covered by the Party Wall etc. Act 1996?”
Or the flip side:
“My neighbour is starting works—are those notifiable to me?”
This guide sets out the common notifiable works, the type of notice typically required, the key timings, and what to do next.
The quick test: does the Act apply?
The Act generally applies where you plan to:
- Work on an existing shared structure
- Party walls (between terraced/semi-detached houses),
- Party structures (e.g., floors/ceilings between flats),
- Party fence walls (certain masonry garden walls on the boundary).
- Build on or near a boundary
- New walls up to or astride the boundary line (line of junction).
- Excavate near neighbouring structures
- Excavations within 3 metres (and deeper than their foundations), or
- Within 6 metres if a 45° line from the bottom of their foundations is intersected.
If any of the above rings true, you likely need to serve a Party Wall Notice before works start.
Typical works and how they map to the Act
Below are the most frequent projects we see, and the usual notice route. (Real projects can have overlaps; we’ll confirm the exact notices once we’ve seen your drawings.)
a) Loft conversions
- Why notifiable: Cutting steel/joist ends into a party wall; raising/parapet adjustments; flashing/weathering at junctions.
- Likely notice: Section 2 (works to a party wall/structure).
- Common Award protections: Hand tools on the party wall, dust/soot protection to neighbour’s flues/vents, temporary weathering when roof is opened.
b) Chimney breast removal
- Why notifiable: Cutting into/removing part of the party wall/structure; bearing plates/steelwork.
- Likely notice: Section 2.
- Watch-outs: Temporary support details; soot migration control; vibration limits.
c) Structural alterations (e.g., new beams into the party wall)
- Why notifiable: Cutting into/anchoring to a party wall.
- Likely notice: Section 2.
- Tip: Provide final structural details early—fewer queries, faster Award.
d) Damp proof courses (DPC) into a party wall
- Why notifiable: Inserting a DPC into a party wall is a listed Section 2 right.
- Likely notice: Section 2.
- Protection: Non-percussive methods near fragile finishes; drill pattern controls.
e) Extensions (front/rear/side)
- Why notifiable:
- New wall up to or astride the boundary → Section 1.
- Excavations for new foundations close to neighbour → Section 6.
- Watch-outs:
- Access under Section 8 (governed by Award) to build flank walls.
- Open trench limits (support/fill without delay).
f) Underpinning
- Why notifiable: Works to a party wall/structure and/or adjacent excavation.
- Likely notices: Section 2 and Section 6.
- Note: Underpinning schemes often trigger deeper review (method statements, sequencing, monitoring).
g) Excavations (lightwells, new foundations, drainage runs)
- Why notifiable: Within 3–6m and deeper than neighbour’s foundations.
- Likely notice: Section 6 with excavation drawings and depths.
- Tip: Missing excavation drawings = invalid notice. Get this right first time.
h) New walls up to the boundary line
- Why notifiable: Building up to (but not crossing) the line of junction.
- Likely notice: Section 1(5).
- Access: Section 8 access is often awarded for construction from the neighbour’s side—subject to protections.
i) New walls astride the boundary line
- Why notifiable: Building as a shared wall sitting over the boundary.
- Likely notice: Section 1(2).
- Critical point: You need your neighbour’s written consent to build astride. Without it, you must set the wall back on your land and proceed as a Section 1(5) “up to” wall.
What the process looks like (in practice)
- Confirm notifiable works (we review your plans and flag the correct notices).
- Serve valid Notices (right sections, right owners, right drawings).
- Neighbour’s response (three options):
- Consent (works proceed without an Award—more on risk below),
- Agreed Surveyor (one impartial surveyor acts for both), or
- Two Surveyors (each owner appoints a surveyor; a Third Surveyor is selected as a backstop).
- Surveying stage (if dissent):
- Agree protections, methods, access, timings,
- Party Wall Award served (legally binding, with drawings).
- Works proceed strictly in line with the Award.
- Damage route (if anything occurs): fast determination for making-good or compensation via the surveyors—no full-blown lawsuit required.
Risk note on consent: Consent removes the requirement for an Award’s protections. It’s lawful, but you (and your neighbour) are then relying on common law for any damage claim. Many owners prefer the certainty of an Award.
Key timings you should plan around
- Section 1 & 6 notices: Minimum 1 month before works.
- Section 2 notices: Minimum 2 months before works.
- Initial response window: 14 days from service.
- No reply? A further 10-day letter follows.
- Appeals: An Award can be appealed within 14 days of service (legal/procedural grounds only).
- Postage buffer: Allow +2 days for postal service when calculating deadlines.
Start early—these are statutory timings and only shorten if your neighbour formally agrees.
What if you’re the Adjoining Owner?
- A valid Notice means you must choose one of the three responses (consent / agreed surveyor / two surveyors).
- No response triggers a deemed dissent and a surveyor may be appointed for you after the 10-day follow-up.
- The Award protects your property (methods, access controls, hand-tools clauses, dust/vibration limits) and sets out a damage resolution pathway.
Common pitfalls (and how to avoid them)
- Wrong owners served (e.g., serving tenants only): check Land Registry and Companies House where relevant.
- Missing excavation drawings on Section 6: notices invalid—process restarts.
- DIY notices with errors: small mistakes = big delays; consider a professional service.
- Contractors not briefed on the Award: breaches invite conflict, cost, and potential enforcement.
Simple, fixed survey cost chart (nationwide)
| Service | What you get | Fixed price* |
|---|---|---|
| Party Wall Notice (per Adjoining Owner) | Drafting, validation, service & tracking | £25 |
| Agreed Surveyor Award | One impartial surveyor’s Award & service | from £300 |
| Building Owner’s Surveyor (two-surveyor route) | Negotiations, Award & service | from £325 |
*Complex works (e.g., basements, deep excavations, movement monitoring, Security for Expenses, adviser engineer input) may add specialist costs—we’ll flag everything upfront so there are no surprises.
Not sure if your works are notifiable? Send us your plans.
Email your drawings (PDF) and a short description of the proposed works. We’ll tell you what’s notifiable, which notices you need, and give you a clear, fixed-fee route to your Award.
Simple Survey — Nationwide • Fixed Fees • Experienced & Qualified
📧 team@simplesurvey.co.uk