When planning building work that involves shared boundaries, it’s important to understand the Party Wall etc. Act 1996. This law sets out how neighbours should be notified and protects both property owners by providing a clear process for preventing and resolving disputes.
What Counts as a Party Wall or Structure?
- A party wall is a wall that sits across the boundary of land owned by two or more people. It could:
- Form part of a single building
- Separate two adjoining buildings
- Be within 3–6 metres of another property, where the planned works are deeper than the neighbouring foundations
- A party fence wall is a solid wall (such as brick or masonry) built along the boundary line but not forming part of a building. This does not include timber fences or hedges.
- A party structure is a broader term and can include walls, partitions, or floors dividing buildings — such as in flats where spaces are separated by different staircases or entrances.
When Does the Act Apply?
The Act applies when building works include:
- Alterations to an existing party wall or party structure
- Construction of new walls along, or across, a boundary line
- Excavations within 3 or 6 metres of a neighbouring building, depending on foundation depth
- Works making use of a shared wall — for example, raising a parapet wall during a loft conversion
The Party Wall Process
- Serving Notices
The building owner must serve formal notices on all adjoining owners before works begin. - Neighbour’s Options
- Consent: If the neighbour agrees in writing, no formal award is needed.
- Dissent: The neighbour can dissent and either:
- Appoint their own surveyor, or
- Agree to use a single Agreed Surveyor acting for both parties.
- Party Wall Award
If dissent is declared, surveyors prepare a legally binding Party Wall Award which sets out how the works can proceed, including conditions such as working hours, noise/dust control, and protection measures. - Finality of the Award
Once served, the Award is binding unless successfully appealed in county court within 14 days. It remains valid for 12 months.
Why Compliance Matters
Following the Act ensures:
- Your project can proceed without unnecessary delays
- Neighbours’ properties are protected
- Both parties have a clear, legally enforceable agreement if disputes arise
⚠️ Key reminder: If no notice is served, the Act does not apply — leaving you unprotected and potentially open to legal disputes.
âś… At Simple Survey, our experienced surveyors guide both building owners and adjoining owners through the process, ensuring full compliance and smooth progression of works.
📩 For clear advice or a free quotation, contact the UK’s most affordable party wall surveyors at team@simplesurvey.co.uk.