Planning to carry out home improvements near a shared boundary? Whether you’re converting your loft, digging foundations, or removing a chimney breast, the Party Wall etc. Act 1996 is there to prevent disputes with your neighbours—and you’re legally required to comply.
This legislation applies to a wide range of building works that may affect shared structures or neighbouring land, and sets out exactly how to proceed before any construction begins.
What Is the Party Wall Act—and Why Does It Matter?
Introduced in England and Wales, the Party Wall Act provides a clear legal framework for managing and resolving disputes between neighbours where building work affects:
- Shared (party) walls
- Party fence walls
- Excavations near neighbouring buildings
- New walls built at or close to boundary lines
It protects both the building owner (the person doing the work) and the adjoining owner (the neighbour), ensuring projects are carried out safely, lawfully, and fairly.
When Does the Party Wall Act Apply?
You must serve formal notice if you plan to:
- Insert steel beams into a shared wall
- Raise, underpin, or remove sections of a party wall
- Remove chimney breasts
- Carry out weatherproofing chases
- Excavate within 3 or 6 metres of a neighbouring structure (depending on depth)
- Build a new wall on or near a boundary line
Types of Notices You May Need to Serve
Depending on the type of work, you’ll need to serve one or more of the following:
- Party Structure Notice – For works to a shared wall or structure (serve at least 2 months before starting)
- Section 6 Notice – For excavations close to your neighbour’s foundations (serve at least 1 month before starting)
- Section 1 Notice – For building new walls along or adjacent to a boundary (also 1 month before works begin)
What Needs to Be Included in a Party Wall Notice?
There’s no formal template, but your written notice must include:
- Names and addresses of both building and adjoining owners
- Address of the property where works will take place
- Detailed description of the intended works (plans/drawings if relevant)
- Proposed start date (must follow the required notice period)
All joint owners must be notified. If no response is received within 14 days, a dispute is legally assumed.
What Happens If Your Neighbour Disagrees—or Doesn’t Respond?
If your neighbour dissents or stays silent after 14 days, the process moves into dispute resolution. Each party can appoint a surveyor, or both may agree on a single “Agreed Surveyor”. The surveyor(s) will issue a Party Wall Award, setting out how the works will be carried out, timelines, and protection measures.
Neighbours may also:
- Request their own surveyor at your cost
- Require safety and damage prevention measures
- Be compensated for any losses or damage
- Request Security for Expenses to protect against unfinished works
Why You Shouldn’t Ignore the Party Wall Act
Skipping the legal process or failing to notify your neighbour can lead to:
- Court injunctions stopping your project entirely
- Legal liability for damage, delays, and professional fees
- Loss of trust and long-term disputes with your neighbours
Good Neighbours Make for Great Projects
Construction can be disruptive—but it doesn’t have to create conflict. By serving notice, maintaining clear communication, and involving a qualified surveyor when needed, you’ll protect your project and maintain positive neighbourly relations.
👷♂️ Need Help Navigating the Party Wall Process?
Let our panel of experienced Party Wall Surveyors make the process easy, compliant, and stress-free.
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