The Party Wall etc. Act 1996 provides a clear framework for resolving disputes where building works may affect a neighbour’s property. Its aim is twofold: to enable the Building Owner’s works to proceed lawfully, and to protect Adjoining Owners from unnecessary risk or inconvenience.
If your project falls within the Act, you must serve a Party Wall Notice on every affected neighbour before work begins.
When is a Party Wall Notice required?
The Act identifies three common categories of notifiable works:
Section 1 — New walls at or over the boundary
- Constructing a new wall up to the boundary (line of junction), or astride it (creating a new party wall).
Section 2 — Works to existing shared structures
- Works to a party wall, party fence wall (shared garden wall), or party structure (e.g., floor/ceiling between flats).
- Typical examples: removing a chimney breast, cutting in steel beams for a loft conversion, inserting a damp-proof course, rebuilding/repairing a shared garden wall, installing flashings.
Section 6 — Adjacent excavation
- Excavating for new foundations within 3 metres of a neighbour’s structure to a deeper level than their foundations, or
- Within 6 metres where deep foundations (e.g., piles) trigger the 45° rule (basements, piled extensions, significant retaining works).
What is a Party Wall Notice?
A written notice (often a short letter or form) served by the Building Owner on the Adjoining Owner(s) that:
- Identifies the properties and owners,
- States which section(s) of the Act apply,
- Describes the proposed works (with drawings/sections for excavations), and
- Indicates the intended start date (respecting the Act’s minimum lead-ins: generally 2 months for Section 2, 1 month for Sections 1 & 6).
How can an Adjoining Owner respond?
Adjoining Owners have 14 calendar days from receipt to reply (many practitioners allow an extra 2 postal days in practice). They can:
- Consent
– Formal procedures end and works may proceed (the Building Owner still owes duties under the Act, including making good/compensation for damage). - Dissent & appoint an Agreed Surveyor
– One impartial surveyor acts for both owners and issues a Party Wall Award setting the time, manner, access and protections for the works. - Dissent & appoint separate surveyors
– Each owner appoints their own surveyor. Those two select a Third Surveyor if needed. Outcome: a binding Award.
What if there’s no response?
If the Adjoining Owner does not reply within 14 days:
- The Building Owner serves a Section 10(4) Notice, giving a final 10 days to respond.
- If there is still no reply, a dispute is deemed to have arisen and the Building Owner may appoint a surveyor on the neighbour’s behalf so the process can proceed.
Why the Award matters
A Party Wall Award is a legally binding document that:
- Authorises the works,
- Sets the time and manner of execution (e.g., working hours, method statements, dust/noise control),
- Confirms access arrangements,
- Sets out the damage procedure (make-good or compensation) and costs.
Once served, the Building Owner may start in accordance with the Award.
Need compliant notices and a smooth, low-cost process?
Email team@simplesurvey.co.uk. Simple Survey are the lowest-cost party wall surveyors across England & Wales. We’ll confirm what’s notifiable, draft and serve valid Notices, agree a robust and fair Awards—keeping your project on time and fully compliant.