Short version: If your project touches a shared wall, sits on or near a boundary, or digs close to a neighbour’s foundations, the Party Wall etc. Act 1996 likely applies. Serve the right notice, allow the legal lead-in time, and you can keep your build moving without delays or disputes—often on fixed, modest fees.
When the Act applies (in plain English)
You’ll need to use the Act if your works involve any of the following:
- Working on an existing shared structure (party wall/party fence wall in masonry, or a party structure such as the wall or floor between flats).
- Building on or right next to the boundary (a new wall up to/astride the line of junction).
- Excavating near a neighbour’s structure (within 3 m and deeper than their foundations, or within 6 m if your dig cuts a 45° line from their foundation underside).
Timber fences aren’t covered. Masonry garden walls that straddle the boundary can be.
The three notice types (and timing you must observe)
- Section 1 – Line of Junction Notice → serve ≥ 1 month before works.
- Section 3 (for Section 2 works) – Party Structure Notice → serve ≥ 2 months before works.
- Section 6 – Adjacent Excavation Notice (include plans/sections) → serve ≥ 1 month before works.
You can serve notices before planning is decided—the Party Wall process is separate.
Typical projects (what usually triggers what)
- Loft conversions: Party Structure Notice (cutting in steels, parapet works).
- Rear/side extensions: Often Section 6 (new foundations) and sometimes Section 1 (new wall at boundary).
- Basements/deep groundworks: Section 6 as standard.
- Like-for-like re-roofing: Usually not notifiable (still be neighbourly and inform).
How neighbours can respond (and what it means)
After service, the adjoining owner has 14 days to respond:
- Consent in writing – works proceed under the Act’s protections.
- Dissent with an “Agreed Surveyor” – one impartial surveyor for both parties; a Party Wall Award is issued.
- Dissent with separate surveyors – each side appoints one; they agree the Award (a third surveyor breaks deadlocks).
No reply in 14 days? It’s treated as a dispute, and a surveyor can be appointed for the neighbour so the Award can be made and your project can continue lawfully.
Who pays?
Where works are for the building owner’s benefit, the building owner usually pays the reasonable Party Wall costs, including the neighbour’s surveyor if they appoint one. If the neighbour formally requests extras that benefit only them, they may contribute to those extras.
“Making Use” (Section 11(11)):
If you enclose upon a wall your neighbour previously built (e.g., their boundary extension flank wall or raised dormer parapet), expect to contribute a fair proportion of the current-day cost of that wall. It’s typically a saving versus building your own wall from scratch.
FAQs (quick answers)
Do I need planning permission first? No—the regimes are separate.
Can my neighbour stop lawful works? The Act is enabling; it regulates how you proceed.
Already started? Pause notifiable elements and get compliant advice fast.
Serve notices myself? Yes—but they must be valid (owners, content, timing, drawings for Section 6).
How long will it take? Often 4–8 weeks from notice to Award in straightforward cases; complex schemes take longer.
Make this easy: your next 3 steps
- Send us your plans or a sketch (PDF/PNG is fine).
- We confirm which notices you need and issue them correctly.
- If dissent arises, we handle the Award on a fixed fee and keep your programme moving.
⚡ Ready to get compliant and keep your build on track?
Get a same-day fixed-fee quote and have your notices drafted within 48 hours.
Reply here with your postcode and plans—or say “Draft my notice” and we’ll take it from there.
Ready to get your notices out—correctly and fast?
We prepare and serve valid Party Wall Notices, manage responses, and—if needed—act swiftly as Agreed Surveyor or as your surveyor in a two-surveyor setup. Our goal: keep your project moving, compliantly and at the lowest total cost.
Email: team@simplesurvey.co.uk
Simple Survey — faster notices, clearer documents, fewer disputes.
Transparent, Fixed Pricing (guide)
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted)
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee (depends on complexity and number of notices/owners)
- Two-surveyor route (we act for the owner doing the works): fixed-fee proposals from £325 for our side (we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained)
- Complex works (deep excavations, multi-owner blocks): same fixed pricing principles
- No surprises, no creeping extras. You’ll know the number before we start.