Party Wall Act, The Key Facts You Need to Know

The essentials

  • Scope: The Party Wall etc. Act 1996 governs certain works to shared walls/structures, new walls at a boundary, and excavations close to neighbouring foundations across England & Wales (not Scotland/Northern Ireland).
  • Purpose: A work-enabling framework—letting lawful projects proceed while protecting neighbours through notice, dispute resolution, and binding Awards.
  • Alongside other law: The Act complements planning, Building Regulations, CDM, etc.; it doesn’t override them.

Key definitions (plain English)

  • Building owner: Proposes the notifiable works.
  • Adjoining owner: Owns the neighbouring land/building affected (includes most long leaseholders).
  • Party wall/structure/fence wall: Shared walls, shared floors/ceilings, and shared garden walls straddling the boundary.
  • Surveyor (s.10): Independent person (not a party to the works) appointed to determine disputes.

When notice is required

  1. Section 1 – New walls at the boundary: Building on/astride the line of junction.
  2. Section 2 – Works to party walls/structures/fence walls: Raising, thickening, cutting in/away, demolish & rebuild, DPC insertion, underpinning/making good.
  3. Section 6 – Adjacent excavation:
    • Within 3m and deeper than neighbour’s foundation; or
    • Within 6m where the dig intersects a 45° line from the neighbour’s foundation base.

Notice periods & validity

  • S.1 & S.6: 1 month minimum before start.
  • S.2: 2 months minimum before start.
  • Notices are typically valid for 12 months from service.

Serving notice properly

  • Identify all “owners” (there may be more than one per property).
  • Include: correct parties/addresses, site, relevant Act section(s), clear works description, and plans/sections for S.6.
  • If uncertain about ownership, service to “The Owner” at the address is permitted; ensure compliant delivery.

Responses & what they mean

  • 14 days to reply:
    • Consent → works proceed in line with the notice (Act protections still apply).
    • Dissent or no response → a dispute arises under s.10.
  • Surveyor routes:
    • Agreed Surveyor (single impartial surveyor for both), or
    • Two surveyors (one per owner), who must also select a Third Surveyor to break deadlocks if required.

Party Wall Award (binding)

  • Confirms properties, notices, approved drawings/methods, working provisions, timings, access, protections, and cost allocations.
  • Served on both sides → 14 days to appeal to county court; otherwise it governs delivery.

Access & contributions

  • Statutory access is available for specified works (with reasonable notice and conditions).
  • Where works are of mutual benefit, s.11 allows reasonable cost contributions.

Damage & claims interface

  • The Act aims to prevent damage; if issues arise, liability and remedies are handled via the Award process (including method changes, protective measures, remedials, and who pays).
  • If an Award exists, it often provides the mechanism to resolve project-caused damage without defaulting straight to insurance.

Common pitfalls (to avoid)

  • No notice for notifiable works → risk of injunctions, stoppage, and extended liability.
  • Wrong/missing owners on notices → process restart and delay.
  • Vague descriptions or missing S.6 drawings → invalidity challenges.
  • Letting notices lapse (>12 months) before starting.

Quick checklist (for adjusters/PMs)

  • Do the works trigger S.1 / S.2 / S.6?
  • Have all owners been notified correctly and on time?
  • Are drawings/sections included for S.6?
  • Which surveyor route is set (Agreed vs two surveyors + Third)?
  • Is there a live Award (and has the appeal window passed)?
  • Are cost responsibilities reasonable and under the Act?
  • Any appeal risk within 14 days of service?

Transparent, fixed pricing (Simple Survey)

We keep budgets predictable and low without cutting corners:

  • Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted).
  • Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee, depending on complexity and number of notices/owners.
  • Two-surveyor route (we act for the building side): fixed-fee proposals from £325 for our side. (The neighbour’s surveyor often bills hourly; we work to keep those costs reasonable and contained.)
  • Complex works (deep excavations, multi-owner blocks): we’ll still offer the fixed pricing as above.
  • No surprises, no creeping extras. You’ll know the number before we start.

Market context (typical non-fixed ranges we see)

  • Hourly rates elsewhere: £120–£350+/hr.
  • Typical all-in Award costs (two-surveyor matters): £1,500–£3,000+, rising with complexity and delay.
    Our model is designed to undercut like-for-like quotes while keeping momentum and quality high.

Strong next step

Need compliant notices or a fast, fair Award—without budget shock?
Email team@simplesurvey.co.uk for a same-day, fixed-fee proposal.

We’ll confirm (1) whether your works are notifiable, (2) exactly who must be notified, and (3) the most cost-efficient route to a valid Award—in writing and upfront.