Certain building activities require compliance with the Party Wall Act before work begins. These notifiable works include:
Work on Existing Party Walls:
- Demolition and rebuilding
- Underpinning
- Inserting structural beams
- Raising or lowering wall height
- Adding a damp-proof course
Excavations and Foundations:
- Building up to or across the boundary line
- Excavating within 6 metres of a neighbour’s structure if deeper than their foundations (using a 45° rule)
- Excavating within 3 metres of a neighbour’s property if going below the depth of their foundations
Garden (Party Fence) Walls:
- Brick boundary walls (not wooden fences)
What Is a Party Wall Award?
A Party Wall Award is a legally binding document prepared by appointed surveyor(s). It:
- Authorises the works covered by the Act
- Protects the Adjoining Owner’s property by requiring safeguards
- Sets measures to minimise disruption
- Provides for compensation if damage or loss occurs
The Award is the outcome of the Party Wall survey process, ensuring both neighbours are legally protected.
About the Party Wall Act
The Party Wall etc. Act 1996 provides a legal framework to prevent and resolve disputes over construction near or on shared walls and boundaries. Key points:
- The Act protects both Building Owners and Adjoining Owners
- If damage occurs, the Building Owner is responsible for rectifying it
- Surveyors can be appointed to resolve disputes fairly and independently
Access Rights
The Act allows Building Owners to enter neighbouring land when reasonably necessary to carry out notifiable works—even without the neighbour’s prior permission.
Notices Under the Act
Before starting work, a Party Wall Notice must be served on all affected neighbours. Types of notice include:
- Party Structure Notice: for changes to an existing party wall
- Notice of Adjacent Excavation: for foundations near a neighbour’s building
- Line of Junction Notice: for new walls on or near the boundary
⚠️ Important: A new wall built astride a boundary may be refused by the neighbour.
Works That Usually Do Not Require a Notice
Minor works such as drilling for shelves, rewiring, plastering, or replacing sockets typically fall outside the Act. If in doubt, consult a surveyor.
Consenting Without an Award
You can agree to your neighbour’s notice without an Award. However, this removes the protection of impartial surveyors. Common law rights remain, but enforcing them is usually more costly and time-consuming.
If You Receive a Notice
You have 14 days to respond. Options include:
- Consent: if you are satisfied there is no risk to your property
- Dissent: appoint your own surveyor to work with the Building Owner’s surveyor to produce an Award
- Agreed Surveyor: both parties appoint a single impartial surveyor
If you do not respond, a dispute is deemed to have arisen, and surveyors must be appointed.
Serving Notices
Although a Building Owner can serve their own notice, errors may invalidate it and cause delays or legal costs. It is safer to use a qualified Party Wall Surveyor.
If Your Neighbour Starts Work Without Notice
If work affecting a shared wall begins without notice, you can request the work stop until the Party Wall Act process is followed. Seek advice immediately to protect your rights.
✅ Need advice?
Contact our team of Party Wall specialists for clear, no-obligation guidance. We’ll help you understand your options and ensure your property is protected.