The Party Wall etc. Act 1996 is the statutory framework that governs building works in England and Wales which may affect a shared wall, boundary line, or nearby foundations. Its purpose is simple: enable development while protecting neighbours. If your project could impact a party wall, a boundary wall, or involves excavation close to a neighbouring structure, the Act sets out exactly how to notify, agree terms, and resolve disagreements—without running to court.
Below is a plain-English overview plus practical steps, typical costs, and answers to the questions we’re asked most.
What the Act Covers (in a nutshell)
- Party structures (Section 2): Works to an existing shared wall/structure (e.g., cutting in for beams, raising, repairing, demolishing/rebuilding, removing projections such as chimney breasts).
- New walls at the boundary (Section 1): Building a new wall up to the line of junction, or astride the boundary (the latter needs the neighbour’s express consent).
- Adjacent excavation (Section 6): Excavating within 3 metres of a neighbouring structure to a lower depth than its foundations, or within 6 metres where deep foundations are proposed (e.g., piles).
If your works fall into any of these categories, you’ll need to serve the correct Party Wall Notice(s) and follow the Act’s dispute-resolution process where required.
Why the Act exists
- Facilitates lawful access and progress: It gives building owners clear rights to carry out notifiable works, subject to proper notice and reasonable conditions.
- Protects neighbours: It ensures proportionate safeguards and a route to resolve issues quickly via surveyors, rather than expensive, slow litigation.
- Prevents gridlock: If parties disagree, appointed surveyor(s) must determine the matter by award, keeping the project moving.
Core procedures at a glance
- Notice
Serve valid, timely notices on every affected legal owner (freeholders and certain long leaseholders).- Section 1 & 6 notices: minimum 1 month before works.
- Section 2 notices: minimum 2 months before works.
- Response
The neighbour has 14 days to consent or dissent (and either appoint their own surveyor or agree to a single Agreed Surveyor).- No response? After a further 10-day request, the Act allows a surveyor to be appointed on the non-responding side so the process doesn’t stall.
- Award
Where there’s a dissent (or deemed dissent), surveyor(s) issue a Party Wall Award to authorise the works and set conditions that are fair and proportionate.- If the two surveyors can’t agree, they had already selected a Third Surveyor to decide any deadlock.
- Appeal (if any)
Either owner may appeal an award to the county court within 14 days of service. Most disputes don’t need this.
Typical pain points—and how we remove them
- Invalid or late notices → We prepare and serve compliant notices fast.
- Unclear scope → We translate design intent into Act-ready descriptions so everyone understands what’s proposed.
- Unnecessary escalation → We keep conditions proportionate and the paperwork tight, reducing chances of third-party referrals.
- Runaway costs → We use fixed fees for standard work and keep everyone focused on what’s reasonable.
Our transparent, fixed pricing
Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted).
Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee, depending on complexity and number of notices/owners.
Two-surveyor route (we act for the party doing the works): fixed-fee proposals from £325 for our side. (The other surveyor often bills hourly; we work to keep those costs reasonable and contained.)
Complex works (deep excavations, multi-owner blocks): we’ll still offer the fixed pricing as above.
No surprises, no creeping extras. You’ll know the number before we start.
FAQs
Is the Act only for London?
No. It applies across England and Wales.
Do I always need to serve a notice?
Serve notice only if your works fall within Sections 1, 2, or 6. If you’re unsure, ask us—getting this wrong can cause injunctions and costly delays.
Does planning permission cover Party Wall?
No. Planning and the Party Wall Act are separate. You may need both.
Can we avoid surveyors if we all agree?
If every affected neighbour consents in writing, the Act’s dispute mechanism isn’t triggered. But notices still need to be valid, and informal side agreements do not replace statutory protections.
What if my neighbour ignores the notice?
The Act anticipates non-response. After a further 10-day request, a surveyor can be appointed for them so the process—and your project—can proceed lawfully.
Who pays?
Usually, the person doing the works pays the reasonable costs of administering the Act. Exceptions exist (e.g., some shared benefits), but the general rule holds.
How long do awards take?
It varies with complexity and responsiveness. We keep momentum high with complete, clear submissions and pragmatic drafting.
Can an award be appealed?
Yes—within 14 days of service, to the county court. Appeals should be used sparingly and with legal advice.
Get Party Wall compliance done right—the first time
Simple Survey makes the Party Wall process quick, clear, and low-cost. From first notice to final award, we keep your project moving and your costs down with fixed fees and practical, proportionate advice.
Email: team@simplesurvey.co.uk
Get a no-nonsense plan and a like-for-like lowest-cost proposal today.