The Party Wall etc. Act 1996 has applied across England & Wales since 1 July 1997. Its job is simple: give neighbours a fair, lawful framework to notify, review and manage building works that might affect a shared or nearby structure—so projects can proceed without needless conflict.
A key point up front: local authority building control does not police the Act. If an issue arises, it’s handled between the owners using the Act’s procedures—or, as a last resort, through the courts.
When the Act applies
You’ll likely need to use the Act if you plan to:
- Do work to an existing party structure (party walls, party fence walls, or party floors/ceilings between flats).
- Build a new wall at the boundary (on the line of junction) or propose a wall astride the boundary.
- Excavate near a neighbouring structure (typically within 3 m and deeper than their foundations; within 6 m for deeper solutions like piles).
If your proposal fits any of these categories, you must follow the Act’s notice and response process before starting.
Serving notice: what to include and when
A valid party wall notice must clearly set out:
- Your name and correspondence address.
- The address of the works (if different).
- A statement that it’s served under the Party Wall etc. Act 1996.
- A clear description of the works (and relevant section(s) of the Act).
- The intended start date (this can’t be earlier than the statutory notice period).
Minimum notice periods:
- 2 months: works to party structures (Section 2).
- 1 month: new wall at the line of junction (Section 1) and adjacent excavation (Section 6).
Notices are valid for 12 months from service. Plan your programme so works start after the notice period but within that validity window.
After you serve notice: neighbour’s response options
The adjoining owner has 14 days to reply in writing:
- Consent – confirms they’re content for the work to proceed under the Act without the dispute-resolution stage.
- Dissent & Agreed Surveyor – both owners jointly appoint one impartial surveyor to resolve the matter and publish an award.
- Dissent & Separate Surveyors – each owner appoints their own surveyor; those surveyors (with a selected third surveyor available if needed) agree the award.
No reply within 14 days? A dispute is deemed to have arisen. You then issue a 10-day request to appoint; if still no response, a surveyor may be appointed on their behalf under Section 10(4) so the process can continue.
Counter-notice: A neighbour may serve a counter-notice asking for reasonable modifications or additions. You should respond within 14 days.
Resolving disputes: how surveyors help
If there’s a dissent (or deemed dissent), the appointed surveyor(s) will make a Party Wall Award. This legally binding document:
- Authorises defined works under the Act.
- Sets how and when they are to be carried out.
- Clarifies access and practical procedures.
- Deals with costs and any security for expenses (where appropriate).
Once the award is served, the works can proceed in line with its terms. Either party has 14 days from service to appeal to the county court if they believe it’s legally flawed.
Who pays? In most cases, the party carrying out the notifiable works pays the reasonable costs of administering the Act (their own surveyor and, where applicable, the neighbour’s surveyor). The award decides costs formally.
Common misconceptions—sorted
- “I need my neighbour’s permission to build.”
Not exactly. You need to serve a valid notice and either receive consent or obtain a party wall award through the Act’s dispute process. Refusal to consent doesn’t block compliant works. - “Planning permission covers this.”
No. Planning and building control are separate from party wall procedures. You may need both. - “The council will step in.”
No. Local authorities have no role in enforcing the Party Wall Act. It’s a civil process between owners.
Practical tips to keep things smooth
- Talk early: a short, friendly explanation before formal notice reduces surprises and pushback.
- Serve correctly: use the right form, content and timings—errors cause delay.
- Be responsive: answer reasonable questions quickly to keep momentum.
- Choose the right route: Agreed Surveyor is often faster and cheaper if both owners are comfortable.
FAQs
Is a verbal notice enough?
No. Notices must be in writing and include the statutory content and timings.
Do I need to notify leaseholders?
Notify any freeholder and leaseholders with an interest exceeding 12 months whose premises are affected.
What if ownership is unclear?
You can address a notice to “The Owner” at the property. There are also alternative service methods where owners are unknown or absent.
How long is a notice valid?
12 months from service.
Can I start before the notice period ends if my neighbour agrees?
Only if they explicitly waive the remaining notice period in writing (and the surveyor(s), if appointed, are content).
Keep your project moving—with clarity and fair costs
If you want compliant notices and a clean, enforceable award without drama or inflated fees, we can help.
Simple Survey — 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 side): fixed-fee proposals from £325 for our side. (The other side’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 fixed pricing as above.
- No surprises, no creeping extras. You’ll know the number before we start.
Ready to do it right, first time?
Email team@simplesurvey.co.uk for a quick, fixed quote and a simple next-step plan.
Simple Survey — clear advice, lean fees, zero fuss.