If you live in a semi-detached or terraced home, you’ll likely encounter the Party Wall etc. Act 1996 when planning home renovations that involve a shared wall, boundary, or nearby excavation.
While it might sound complicated, the Act exists to protect both you and your neighbours by setting clear expectations around building work that may impact adjoining properties.
One of the key requirements under the Act is serving notice to your neighbour(s) before any work begins. But what happens if they refuse—or ignore—the notice altogether?
Let’s break it down.
What Counts as a Party Wall?
A “party wall” is any wall shared by two properties—this includes:
- The dividing wall between terraced or semi-detached houses
- Party fence walls built astride a boundary (excluding timber fences)
- Certain floors and ceilings between flats
If you’re planning to excavate, cut into, or build near a shared structure, the Party Wall Act applies.
Serving Notice: What’s Required?
You must serve written notice to any affected neighbours before starting work. The notice must include:
- Your name and address (and any co-owners)
- The address of the property where works are taking place
- A description of the proposed works (with plans/drawings if needed)
- Access requirements and the proposed start date
Timing matters:
- 2 months’ notice for cutting into or altering a party wall
- 1 month’s notice for excavation or building near the boundary
- You then have up to 12 months to start the works after serving notice
Can My Neighbour Refuse Consent?
Yes, they can—but it doesn’t mean you can’t go ahead.
Neighbours are within their rights to refuse consent. This doesn’t stop the work from happening but does trigger the dispute resolution process. It’s also important to know that personal inconvenience (like noise or mess) is not considered a valid reason for refusal under the Act.
Once a dispute arises, a Party Wall Surveyor—or two, if both parties appoint separately—will be brought in to create a legally binding Party Wall Award, setting out:
- How and when works are to be carried out
- Protective measures for the adjoining property
- Who pays for what (the building owner usually bears most costs)
The Act allows you to carry out reasonable works on your own land, including cutting into the party wall, so long as you follow the correct process.
What Happens If My Neighbour Ignores the Notice?
If your neighbour doesn’t reply within 14 days, it’s treated as a dispute. You must:
- Serve a 10-day reminder notice, giving them a chance to appoint a surveyor
- If they still don’t respond, you may appoint a surveyor on their behalf under Section 10(4) of the Act
This ensures the process continues lawfully and protects your neighbour’s rights—even if they’re uncooperative.
🔍 Important: Surveyors may sometimes need to proceed without access to the neighbour’s property. In this case, they may produce a “blind” Party Wall Award, which is legally valid but based on limited inspection.
Can My Neighbour Request Additional Works?
Yes. If your works present an opportunity for your neighbour to benefit (e.g., strengthening or extending the shared wall), they can serve a counter-notice requesting additional works. They would need to:
- Respond within one month of receiving your original notice
- Cover the costs of any work that solely benefits them
Why Building Relationships With Neighbours Matters
While the law is on your side, maintaining a good relationship with your neighbours makes everything smoother.
✔️ Speak to them before sending formal notice
✔️ Keep them informed of dates and timelines
✔️ Reassure them that their property will be protected
Most objections stem from fear or confusion—so being proactive and transparent goes a long way.
✅ Final Word: Don’t Risk Skipping the Process
If you begin work without serving proper notice, your neighbour can seek a court injunction, halting the project and leaving you liable for legal fees, delays, and potential damages.
By following the Party Wall Act correctly—and involving surveyors when necessary—you’ll save yourself stress, time, and cost in the long run.
đź‘· Need Expert Advice on Party Wall Matters?
Our experienced Party Wall Surveyors can help you navigate the entire process from start to finish—clearly, legally, and affordably.
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