Planning an extension, loft conversion or basement in England or Wales? Or has your neighbour started work near your boundary? Here’s a plain-English FAQ that demystifies the Party Wall etc. Act 1996—what triggers it, how to serve notices, who pays what, and how to keep your project moving without drama.
1) What is a party wall?
A party wall is a wall shared by two properties. It may sit astride the boundary (e.g., between terraced or semi-detached houses) or be wholly on one owner’s land but used by both buildings (for example, where a neighbour later built against it). Garden walls that straddle a boundary are usually party fence walls. Floors and ceilings between flats are party structures.
2) What does the Party Wall Act do?
It creates a legal framework to notify neighbours, prevent and resolve disputes, and allow certain works to go ahead while protecting adjoining owners from unnecessary inconvenience and damage.
3) Do my works trigger the Act?
Likely yes if you plan to:
- Work on a party wall/structure (e.g., cut in steel for a loft, remove a chimney breast, raise/rebuild a party fence wall).
- Build on or up to the boundary (new wall at the line of junction).
- Excavate for foundations close to a neighbour (within 3m and deeper than their foundations, or within 6m where a 45° line from the base of their foundations would be met by your dig).
4) Are party wall agreements compulsory?
You must serve valid notices. If your neighbour doesn’t consent, the Act’s surveying procedure kicks in and a Party Wall Award is required before those notifiable works start. Starting without complying risks injunctions, delays, and costs.
5) When should I involve a party wall surveyor?
As early as you can—at least 2–3 months before your intended start. Notices have statutory lead-ins (1–2 months), and the Award (if needed) takes additional time. Early advice avoids re-designs and re-serving notices.
6) How do I choose a surveyor?
Pick an experienced party wall specialist (ideally chartered) who will:
- Confirm which sections apply.
- Prepare and serve valid notices.
- Handle responses, appointments and the Award.
- Keep your programme and the law aligned.
7) What does the surveyor actually do?
They guide you on obligations, prepare and serve the correct Section 1 / Section 2 / Section 6 notices, manage any dissent, liaise with the neighbour/surveyor, and produce a Party Wall Award that sets how and when the works proceed and the site rules to protect both sides.
8) What will it cost—and who pays?
For works undertaken solely for the Building Owner’s benefit, the Building Owner typically pays:
- Their own surveyor’s fees.
- The Adjoining Owner’s surveyor’s reasonable fees (if they appoint one).
- Making good loss/damage caused by notifiable works or paying a sum in lieu.
Costs may be apportioned if works are due to defect/repair that benefits both.
9) Can the neighbour’s surveyor fees spiral?
Fees must be reasonable and proportionate to the task. Good drawings, clear scope and early engagement generally keep fees sensible.
10) Can a Party Wall Award be changed?
You can appeal to the county court within 14 days of service. Appeals aren’t for “not liking” the outcome; they’re for legal/jurisdictional issues. Take legal advice before appealing.
11) Who is the “Building Owner”?
Whoever owns the property where notifiable works are proposed (freeholder and, in some cases, long leaseholder).
12) Who is the “Adjoining Owner”?
Anyone with a legal interest next door—freeholders, long leaseholders, sometimes multiple parties in flats (above, below, beside). You must serve all relevant owners.
13) Which works definitely need notices?
Typical triggers: cutting into a party wall for beams, removing chimney breasts on a party wall, raising/rebuilding a party fence wall, building a new wall up to or astride the boundary, and excavations for new foundations within 3m/6m (depth dependent).
14) Can I serve the notice myself?
Legally yes, but many DIY notices are invalid (wrong section, missing owners, no excavation drawings, incorrect service). An invalid notice wastes time and money and can derail your start date. Most owners instruct a specialist to get it right first time.
15) Do I need a solicitor?
Usually no. The Act is designed to avoid court by using surveyors and an Award. Lawyers typically come in only for appeals or injunctions where someone has ignored the Act.
16) Will the Act resolve a boundary dispute?
No. The Act lets you build up to/astride the line subject to rules, but it doesn’t decide where the legal boundary lies. Boundary disputes follow separate legal routes.
17) Can we get an Award after works have started?
The Act is pre-emptive. Once works have started without notices/consent, you’re exposed to injunction risk and later damage claims. You can sometimes regularise aspects mid-stream, but it’s far better—and cheaper—to comply before you start.
18) How long are notices valid?
A notice is generally valid for 12 months from service. Minimum lead-ins: 2 months for Section 2 (party structure works), 1 month for Section 1 (line of junction) and Section 6 (excavations). Don’t serve so early that it expires; don’t leave it so late that it delays your contractor.
Practical next steps (for Building Owners)
- Confirm scope: Which sections apply (1, 2, 6)? Are special foundations proposed (these can’t extend under your neighbour without written consent)?
- Identify all Adjoining Owners: Freeholders, long leaseholders, relevant parties in flats.
- Prepare compliant notices: Clear descriptions, start date, reference to the correct sections; attach plans/sections for excavations and state if you’ll safeguard their foundations.
- Serve correctly: By hand or post to the right addresses; email is only valid if the recipient has agreed to receive notices electronically and given an address. Keep proof of service.
- Manage responses: Neighbours have 14 days to consent/dissent. Silence on Section 2/6 = dissent. For a wall astride the boundary, you need express written consent—no reply means you must build wholly on your land.
Need this handled end-to-end?
Skip the guesswork. Simple Survey prepares and serves fully compliant Party Wall Notices, manages responses, and delivers fast, robust Party Wall Awards—typically at fixed, highly competitive fees. We keep your project lawful, neighbourly and on programme.
Email: team@simplesurvey.co.uk