When undertaking construction works in England and Wales, property owners must comply with the Party Wall etc. Act 1996. This legislation governs works that affect a shared boundary or structure, ensuring both the building owner and the adjoining owner are protected.
This guide breaks down the essentials of party wall notices and explains what property owners need to know before starting work.
What is Party Wall Surveying?
Party wall surveying is required when construction or renovation affects shared walls, boundaries, or other structures. While party walls are the most common example, the Act also applies to:
- Shared walls between terraced or semi-detached houses.
- Floors and ceilings between flats.
- Garden walls or masonry boundary walls.
- Excavations close to neighbouring buildings (typically within 3–6 metres).
Examples of works that may require a party wall notice:
- Building a new wall along a boundary line.
- Extending or altering an existing party wall.
- Carrying out structural work on shared ceilings or floors.
- Excavating near an adjoining property’s foundations.
If your project falls within the scope of the Act, you must follow the correct procedures to notify your neighbours.
The Legal Obligation to Serve a Party Wall Notice
Before starting work, the building owner (the property owner planning the works) must serve a formal Party Wall Notice to the adjoining owner.
- Notice must be given at least 1–2 months before work begins, depending on the type of project.
- The notice explains the proposed works, allowing the adjoining owner to review, raise concerns, or consent.
This process ensures transparency and provides a framework for resolving disputes before construction starts.
How Can an Adjoining Owner Respond?
Once a Party Wall Notice is served, the adjoining owner has 14 days to respond. Their options are:
1. Consent to the Works
- The adjoining owner agrees in writing.
- The building owner may proceed without further procedures.
- No surveyors are needed, though it is still advisable to record the existing condition of the adjoining property.
2. Dissent and Appoint a Surveyor
- If the adjoining owner dissents, they may appoint their own party wall surveyor.
- The building owner must also appoint a surveyor.
- The surveyors will:
- Review drawings, method statements, and risk factors.
- Draft a legally binding Party Wall Award, setting out how the works must proceed and what protections apply.
If the two surveyors cannot agree, a Third Surveyor may be appointed to resolve disputes.
3. Dissent and Appoint an Agreed Surveyor
- Both parties may choose to use a single impartial surveyor.
- The agreed surveyor acts for both owners, prepares the Party Wall Award, and resolves any issues that arise.
- This option is often faster and more cost-effective than appointing two separate surveyors.
Why Party Wall Procedures Matter
The Party Wall etc. Act 1996 exists to:
- Protect neighbours from unnecessary disruption or damage.
- Provide a legal framework for resolving disputes fairly.
- Ensure building works are carried out responsibly.
By following the Act, building owners can avoid costly disputes and delays, while adjoining owners can feel reassured that their property is safeguarded.
Conclusion: How We Can Help
Navigating party wall procedures can feel daunting, but professional guidance makes the process straightforward.
At Simple Survey, we provide expert party wall surveying services to help property owners meet their legal obligations and avoid disputes. Our qualified surveyors manage the entire process—from notices to awards—ensuring your project runs smoothly.
If you are planning works near a shared boundary, get in touch today to discuss your options and make sure your project complies with the Party Wall etc. Act 1996.