Party wall issues often appear at the worst possible moment—drawings are finished, the builder is booked, and the start date is approaching. The Party Wall etc. Act 1996 exists to stop that moment turning into neighbour conflict. It is a legal safeguard that requires owners to notify neighbours before carrying out certain works that could affect a shared wall or nearby foundations, and it provides a structured route to agreement when written consent isn’t forthcoming.
What follows is a straightforward, homeowner-friendly explanation of what you should do—whether you’re the person undertaking the works or the neighbour affected by them.
If you’re undertaking the works = Building Owner
1) Know when the Act is likely to apply
The Act is commonly triggered when you intend to:
- carry out works to an existing party wall or party structure
- build at the boundary line in circumstances covered by the Act
- excavate close to a neighbouring building where the distance and depth bring it within scope
A critical management point: planning permission and building regulations approval do not replace party wall procedure. If the Act applies, you still need to follow it.
2) Serve a valid written notice early
If notice is served late, you create pressure. Pressure is what produces dissent, delays and difficult correspondence. A valid notice must go to the correct adjoining owners (sometimes more than one person) and give a clear description of what you intend to do and when you intend to start.
3) Allow for the response period
After notice is served, the adjoining owner has a set time to respond in writing. If they do not consent, the matter moves into the Act’s formal dispute route.
4) Be prepared for dissent (it’s not personal)
Many neighbours dissent simply because they want the process formalised. Treat that as procedure, not hostility. The cost-saving approach is to plan your programme on the assumption that dissent is possible, then enjoy it as a bonus if written consent is given.
If you’ve received a notice = Adjoining Owner
1) Respond in writing and respond on time
Ignoring a notice is not a neutral position. Silence can push the matter into the dispute procedure anyway, and it reduces your control over what happens next.
2) Your main options are simple
In broad terms, you can:
- consent in writing, or
- dissent (which triggers the formal procedure and surveyor appointment), or
- do nothing (which is rarely sensible).
If you intend to appoint a surveyor, act promptly. If you don’t, the Act provides a mechanism for a surveyor to be appointed on your behalf (which can remove your freedom of choice).
3) Don’t let anyone pressure your decision
Your response should be made calmly and without being rushed by a neighbour’s builder dates. The right approach is to make sure you understand what is proposed, and then choose the route that gives you confidence.
What happens when there is a “dispute”
A “dispute” in party wall terms often means only one thing: there is no written consent. It does not automatically mean arguments or court.
Once the dispute route applies, owners typically proceed by either:
- appointing one Agreed Surveyor (one impartial surveyor acting for both), or
- appointing two surveyors (one for each owner).
The surveyor(s) then conclude the party wall matters by producing a Party Wall Award.
What a Party Wall Award does
A Party Wall Award is a legally binding document that sets out the practical framework for the notifiable works. In plain terms, it will typically cover:
- what work is permitted under the Act
- how and when it should be carried out
- access arrangements where access is genuinely required
- protective measures and responsibilities
- how professional fees are dealt with under the process
- what happens if damage occurs (including making good or compensation principles)
A well-written Award is meant to facilitate progress, not create needless hurdles.
Who usually pays?
In many straightforward domestic situations, it is usually the Building Owner (the party initiating the works) who pays the reasonable costs of the party wall procedure, including professional fees, where the works are solely for their benefit.
If works start and no notice has been served
If you believe your neighbour has begun notifiable works without serving notice, act early:
- raise the issue in writing
- seek professional party wall advice promptly
- if the risk is serious and works continue without proper procedure, legal remedies (including injunctions) may be available, but that is a solicitor-led step and should be approached carefully.
Get Cost Saving Pro Advice Now
If you need notices served properly, a response strategy to a notice you’ve received, or a Party Wall Award progressed efficiently after dissent, contact Simple Survey. We keep party wall matters calm, structured and cost-controlled—and we aim to be the UK’s cheapest party wall surveyors, without compromising professional standards.