If you’re planning an extension, loft conversion, basement project, or any other structural works near a boundary, you may have a legal duty to serve a Party Wall Notice on your neighbour (the Adjoining Owner).
The Party Wall etc. Act 1996 is entirely separate from Planning Permission and Building Regulations. Even if you have approval for your project, you may still be required to notify neighbours under the Act.
Why the Party Wall Act Matters
The Act grants Building Owners rights that don’t exist under common law — but it also provides protections for neighbours. It sets out a clear framework to:
- Ensure works can be carried out legally
- Prevent disputes or delays caused by objections
- Protect against claims for damage
- Provide access rights (for example, scaffolding on neighbouring land where required)
Neighbours cannot use the Act to stop your project outright. Instead, it creates a fair process to resolve concerns.
How the Process Works
Stage 1: Serving Notice
You must serve a formal Party Wall Notice on all affected neighbours. Typical works requiring notice include:
- Extensions (rear, side, loft, or basement conversions)
- Structural changes to shared walls, floors, or ceilings
- Roofing works, including chimney alterations
- Excavations within 3–6 metres of a neighbour’s foundations
- Building new boundary walls astride or up to the property line
Notices must be served at least 2 months before party wall works or 1 month before excavations or new boundary walls.
Stage 2: Neighbour Response
Neighbours have 14 days to respond in writing. Their options are:
- Consent – Work can proceed without further procedure
- Dissent with an Agreed Surveyor – Both parties appoint one impartial surveyor to prepare a legally binding Party Wall Award.
- Dissent with Separate Surveyors – Each party appoints their own surveyor, who jointly select a Third Surveyor if needed.
If no response is received, a “10-day notice” (Section 10(4) notice) can be issued. Continued silence is treated as dissent, and a surveyor may be appointed on the neighbour’s behalf to ensure the process continues lawfully.
Party Wall Awards
If dissent arises, a Party Wall Award is required before works can begin. The Award will:
- Specify how and when works can be carried out
- Include protective measures for the neighbour’s property
- Set out procedures for resolving damage or compensation claims
Once an Award is served, you may proceed with the works with legal protection in place.
Costs and Responsibilities
- Notices: Typically inexpensive if prepared professionally.
- Surveyor fees: The Building Owner usually pays all reasonable surveyor costs — including the neighbour’s if they appoint their own.
- Damage or disputes: Any damage caused by the works must be made good or compensated.
Although surveyor fees vary, the modest cost of compliance is far less than the risk of court action if you ignore the Act.
Key Takeaways
- Serving valid notices on time prevents delays and potential injunctions.
- A Party Wall Award provides clarity, protection, and peace of mind.
- Communication and professional guidance minimise disputes and keep projects on track.
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