It’s easy to see the Party Wall etc. Act 1996 as bureaucracy. In reality, the Act was designed to enable well-planned building works while protecting neighbours. Used properly, it gives you rights you wouldn’t otherwise have—and helps you deliver a better project with fewer headaches.
1) Powerful Rights Over Party Structures
Under Section 2, Building Owners gain specific rights to work on party structures (including party walls and party fence walls), such as:
- Raising, underpinning, cutting into, and even demolishing and rebuilding a party wall (with proper notice and safeguards).
- Practical win: if your rear gardens are divided by a party fence wall, you may be able to replace it with your extension flank wall. On plots with party fence walls on both sides, that can recover up to ~0.5m total width—often worth far more than surveyor fees.
Caveat: Rights are exercised through the Act’s process (correct notices, timelines, and—if there’s dissent—an Award setting protections).
2) Statutory Access That Keeps the Programme Moving
Section 8 provides necessary access over the Adjoining Owner’s land to carry out works in pursuance of the Act, with notice and protections.
- Without the Act, access depends on a private licence at your neighbour’s discretion (and price).
- With the Act, access is lawful, controlled and time-limited, and any compensation is limited to actual loss (often nil on small residential schemes).
3) Clear, Proportionate Dispute Resolution
If damage or method is disputed, Section 10 requires resolution by appointed surveyor(s) rather than an immediate court battle.
- Surveyors aim to settle quickly and proportionately, often brokering agreement before formal steps escalate.
- The Award sets working methods, access, safeguards, and damage/making-good or compensation—keeping the job on track.
Bottom Line for Building Owners
- The Act unlocks rights (work on party structures, statutory access) that make many home improvements feasible.
- It reduces uncertainty through Notices and binding Awards.
- Managed well, it usually saves time and money compared to ad-hoc neighbour deals or reactive legal disputes.
Want the benefits without the friction?
Email team@simplesurvey.co.uk—the lowest-cost party wall surveyors across England & Wales—for compliant notices, thorough and robust, practical Awards that protect both properties and keep your build moving.