If you own a property and plan to carry out certain types of construction, you may be classed as a Building Owner under the Party Wall etc. Act 1996. This means you may have to notify your neighbours before starting work.
What Counts as “Notifiable” Work?
Notifiable works under the Act typically include:
- Building a new wall at or across the boundary line
- Excavating near a neighbour’s foundations (for example, to build an extension or basement)
- Altering or repairing a shared (party) wall, including underpinning or adding roof-level works
- Common projects like side and rear extensions, loft conversions, and basement works
Who Must Be Notified?
Anyone defined as an Adjoining Owner must be served notice. This isn’t limited to freeholders—it also applies to leaseholders with a tenancy of more than 12 months.
- Party Structure Notice / Adjacent Excavation Notice → Neighbours must reply within 14 days, or a “dispute” automatically arises.
- Line of Junction Notice → No reply is required, and no automatic dispute occurs.
Neighbours can:
- Consent → Allow the works to proceed after the statutory notice period (one month for new walls/excavations, two months for party structure works).
- Dissent → A dispute arises, and surveyors must be appointed.
What Happens in a Dispute?
If there is a dispute (or no reply), both owners must appoint surveyors under the Act. Options include:
- A single Agreed Surveyor acting for both parties
- Each owner appointing their own surveyor, who may then call on a Third Surveyor if disagreements continue
Once appointed, a surveyor cannot be removed. The surveyors then prepare an Award, which:
- Confirms whether works may proceed
- Sets out how and when the works must be carried out
- Decides who pays the surveyors’ fees
The Award is legally binding. Either party may appeal it in the County Court within 14 days of receiving it.
Further Awards can also be issued—for example, to resolve disputes about damage or compensation.
Risks of Ignoring the Act
Starting notifiable works without following the proper process can lead to an injunction halting the project, significant delays, and potentially high legal costs. Recent court cases have confirmed these risks.
Because the process can take several months, Building Owners should begin the notification procedure at least six months before planned works.
✅ Planning notifiable works?
At Simple Survey, we make the process straightforward and affordable. As the cheapest Party Wall Surveyors in the UK, we provide expert guidance, impartial advice, and fast service to keep your project moving.
📩 For free, no-obligation advice, contact us at team@simplesurvey.co.uk