The Party Wall etc. Act 1996 sets the ground rules when building works are planned on or near a shared boundary. If you’re an Adjoining Owner, knowing your rights—and how to use them—helps protect your property and keeps projects neighbourly and compliant.
1) Your Right to a Proper Party Wall Notice
Before qualifying works start, the Building Owner must serve a valid written notice that explains:
- What works are proposed (with enough detail to understand risk),
- The proposed start date, and
- Which section(s) of the Act apply.
You normally have 14 days to respond in writing. You can:
- Consent (allowing the works to proceed without an Award), or
- Dissent, which triggers surveyor involvement and a Party Wall Award to set protections and procedures.
2) What You Can Expect
Access to your land: Section 8 of the Act provides the Building Owner a statutory right of access where it is necessary to carry out works “in pursuance of the Act,” subject to advance notice and safeguards (e.g., making good any disturbance, proper protection, reasonable working hours). In practice, your cooperation is important, but access isn’t purely discretionary—if it’s genuinely necessary and correctly notified, it can be enforced. The Award should spell out how and when access happens, and what protections are in place.
3) Dispute Resolution via a Party Wall Award
If you dissent—or don’t reply—a dispute arises under the Act. Then:
- You may agree one impartial “Agreed Surveyor” for both parties, or
- Each party appoints their own surveyor (who can refer disagreements to a Third Surveyor).
The surveyor(s) will:
- Set methods, access, protections, working hours, and damage procedures, and
- Issue the Party Wall Award, a binding document governing how the works proceed.
4) Protection Against Damage (and Compensation)
If notifiable works cause damage, the Building Owner is responsible for making good or paying compensation. The Award should outline:
- How to notify damage,
- How it will be assessed and remedied, and
- Timelines for action.
- Ask for clarity early: Drawings, method statements, and sequences help you assess risk.
- Keep records: Photograph relevant areas before works start and retain all correspondence.
- Use the timeline: Don’t let notice periods lapse without a considered response.
- Read the Award carefully: Check access terms, protections, and damage procedure.
- Stay courteous but firm: Good communication lowers cost, time, and stress for everyone.
Need impartial, low-cost guidance?
Email team@simplesurvey.co.uk—the lowest-cost party wall surveyors across England & Wales—for clear advice on responding to notices, appointing surveyors and robust Party Wall Awards that protect your home.