The Party Wall etc. Act 1996 was introduced in England and Wales to reduce disputes between neighbours by ensuring that property owners follow a fair and structured process when carrying out certain types of work. The Act requires the use of surveyors to determine how and when works are carried out, protecting both the Building Owner (who is planning the works) and the Adjoining Owner (the neighbour affected).
In many cases, the two parties can agree to appoint a single Agreed Surveyor to oversee the process, saving time and costs.
When You Need to Respond
Before beginning building works such as extensions, damp proofing, roof alterations, structural changes, or significant internal refurbishments, you must notify your neighbour and obtain their response under the Act.
Are You the Building Owner?
If you are planning works, you are legally required to serve the correct Party Wall Notices in advance. These notices must be accurate and served within the right timeframes—typically 1 or 2 months before work begins, depending on the type of project. Failure to do this can cause costly delays.
Are You the Adjoining Owner?
If your neighbour has served you with a Party Wall Notice, or has started works without one, you have rights under the Act. Our surveyors can:
- Explain what the proposed works mean for your property
- Represent you in the Party Wall process (with fees usually paid by the Building Owner)
What Is a Party Wall?
A party wall is a wall shared between two properties, even if it stands entirely on one owner’s land. The Act also applies to:
- Party structures, such as floors between flats
- New boundary walls built on or near the line of junction
- Party fence walls, such as boundary walls straddling the property line
It also applies when you plan to excavate:
- Within 3 metres of your neighbour’s property and below their foundations
- Within 6 metres, if your excavation will cut beneath a 45° line drawn from their foundations
Works Covered by the Party Wall etc. Act 1996
You will need written agreement from your neighbour (or a Party Wall Award) before carrying out works such as:
- Cutting into a shared wall to insert a beam.
- Installing a damp-proof course through a wall.
- Raising or reducing the height of a party wall.
- Cutting flashing into an adjoining wall.
- Building a new wall on the boundary line.
- Removing chimney breasts from a party wall.
- Excavating below the foundations of a neighbouring property (within 3m).
- Excavating within 6m of a neighbour’s foundations (below a 45° plane).
- Demolishing, rebuilding, or underpinning part of a party wall.
Protect Your Property – Act Early
Whether you are the Building Owner planning works or the Adjoining Owner protecting your property, our independent surveyors provide clear, professional support every step of the way.
📧 Email team@simplesurvey.co.uk today for free, no-obligation advice and fixed-fee Party Wall services.