Planning a loft conversion, rear extension or internal structural changes? If your proposals touch shared structures, sit on or near a boundary, or involve deeper excavations, the Party Wall etc. Act 1996 is likely in play. Far from being mere red tape, the Act is a work-enabling framework: it gives building owners legal rights to carry out notifiable works while protecting neighbours (the “adjoining owners”) from unnecessary inconvenience.
This overview explains when the Act applies, what paperwork is required, how responses work, and the quickest, cheapest path to a compliant start.
When does the Party Wall Act apply?
Broadly, three categories of work are “notifiable” and require formal Party Wall Notices:
1) New walls at the boundary — Section 1
- Building a new wall up to the boundary (on your land) requires notice.
- Building astride the boundary (half on each side) also requires notice and your neighbour’s written consent.
2) Works to existing party structures — Section 2
Covers works directly affecting a party wall, party fence wall (shared garden wall), or party structure (shared floors/ceilings in flats). Typical examples:
- Cutting into a party wall (e.g., to insert steels or a DPC).
- Cutting away projections (e.g., chimney breast removal).
- Raising, underpinning, repairing, demolishing and rebuilding a party wall.
- Exposing a party wall during works (with proper weathering).
3) Adjacent excavation — Section 6
Excavations are notifiable where both conditions apply:
- Within 3m of a neighbour’s structure (or 6m for deeper works such as piles), and
- Deeper than the neighbour’s foundations.
Notice periods and timing (minimums)
- Section 1 (new walls at boundary): 1 month before the earliest start date.
- Section 2 (party structure works): 2 months before the earliest start date.
- Section 6 (adjacent excavation): 1 month before the earliest start date.
You can start earlier only if the adjoining owner agrees in writing to waive part of the statutory period.
Serving notices: content that must be right
A valid Party Wall Notice should identify the owners and addresses, clearly describe the notifiable works, state an intended start window consistent with the Act, and reference the relevant section(s). For excavations, include plans/sections showing location and depth.
Incorrect or late notices are the #1 cause of avoidable delay—get this part right and you’ll save weeks.
How neighbours can respond
Upon receipt, an adjoining owner has 14 days to reply:
- Consent in writing
– You retain the Act’s advantages (e.g., formalised access if separately agreed and documented) and can move toward your start date. - Dissent and appoint an Agreed Surveyor
– One impartial surveyor is jointly appointed to administer the Act for both owners and produce the necessary legal documentation. - Dissent and appoint their own surveyor
– Each owner has a surveyor; both surveyors then agree the documentation or refer narrow points to a Third Surveyor if needed.
No reply? After 14 days, serve a 10-day request. If there’s still no response, a dispute is deemed to have arisen and you may appoint a surveyor on the non-responsive owner’s behalf under Section 10(4), so the process can continue.
Why comply?
- Access and logistics: The Act can provide rights of access that make construction safer and cheaper.
- Clarity: Proper documents set expectations on methods, sequencing and working hours—preventing friction.
- Dispute route: If issues arise, they are resolved within the Act’s framework—faster and less costly than common-law disputes.
- Saleability: Conveyancers often request Party Wall papers for completed works; missing documents can slow or jeopardise a sale.
Typical project scenarios
- Rear extension with trench foundations: Usually Section 6 (3m) and Section 1 if close to the boundary.
- Loft conversion with steels into a party wall: Section 2.
- Removing a chimney breast on a party wall: Section 2.
- New garden wall replacing a shared wall: Often Section 2 (party fence wall) and/or Section 1.
- Basement or piled foundations: Section 6 (often the 6m rule).
Transparent, fixed pricing
- 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 Owner): fixed-fee proposals from £325 for our side. (The Adjoining Owner’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.
FAQs
Do I always need a Party Wall Notice?
No. Only when your works fall under Sections 1, 2 or 6. If you’re unsure, ask us to review your drawings—we’ll confirm what’s notifiable.
My neighbour said they’re fine with it—can I skip the paperwork?
No. The Act requires written notices and formal responses. Verbal agreements don’t trigger statutory rights or protections.
What if my neighbour ignores the notice?
After 14 days, you serve a 10-day request. If there’s still no reply, you may appoint a surveyor on their behalf under Section 10(4) so the process can proceed.
Who pays the costs?
Usually the Building Owner pays the reasonable costs because they benefit from the works. That typically includes the neighbour’s surveyor if they dissent and appoint one.
How long does all this take?
Allow for the statutory notice period (1–2 months depending on section) plus drafting time for the required documentation. Early, accurate notices and prompt engagement keep timelines tight.
Can I build astride the boundary if I serve notice?
Only with the adjoining owner’s written consent under Section 1(2). Without consent, build wholly on your land.
What happens if I don’t serve notice?
You risk injunctions, loss of Act rights (including access), and disputes shifting into common law (trespass/nuisance/negligence)—far slower and more expensive than compliance.
Conclusion
The Party Wall Act is there to enable your build—not block it. Serve valid notices, secure the right consents, and keep neighbours onboard. You’ll gain access rights where needed, avoid avoidable delay, and protect your programme and budget.
Need a fast, low-cost, fully compliant start?
Email team@simplesurvey.co.uk. We’ll confirm what’s notifiable, prepare and serve correct notices same or next working day, and navigate the quickest compliant route to your start date—nationwide, fixed-fee, no surprises.
Simple Survey — fast, correct, low-cost Party Wall compliance.