The Party Wall etc. Act 1996 provides a clear legal framework to help neighbours manage and resolve disputes concerning shared walls, boundary walls, party structures, and foundations near adjoining properties.
It is a nationwide piece of legislation designed to protect the rights of both Building Owners (those carrying out works) and Adjoining Owners (those affected by the works). The Act grants Building Owners rights beyond common law to undertake certain types of construction, while ensuring safeguards are in place to minimise the impact on neighbouring properties.
How Does the Party Wall Act Work?
The Party Wall procedure is typically divided into two stages:
- Notice Stage
- Building Owners must serve a formal Party Wall Notice on their neighbours before commencing notifiable works.
- If the neighbour consents in writing, works can proceed without the need for surveyors.
- Dispute Resolution Stage
- If the neighbour dissents or does not reply, a dispute is deemed to have arisen under the Act.
- At this point, each party can appoint their own Party Wall Surveyor, or both can agree to instruct a single Agreed Surveyor.
- The appointed surveyor(s) will prepare a Party Wall Award, setting out how the works must be carried out, protecting the interests of both parties.
The Role of a Party Wall Surveyor
Party Wall Surveyors act independently to:
- Assess the works and their potential impact.
- Protect the structural integrity of both properties.
- Ensure the works proceed lawfully and fairly.
- Resolve disputes by issuing a legally binding Party Wall Award.
Even when an Agreed Surveyor is appointed to represent both parties, they are legally bound to remain impartial.
Planning Permission vs. Party Wall Notice
It’s important to understand that the Party Wall Act operates separately from Planning Permission and Building Control Approval:
- Even if you have Planning Permission or Building Regulations approval, you must still comply with the Party Wall Act if your works are notifiable.
- The Act is a stand-alone piece of legislation with its own requirements.
Does the Party Wall Act Apply to Garden Fences?
Not in most cases.
- The Act only applies to masonry garden walls (known as Party Fence Walls) that sit astride the boundary line.
- It does not cover timber fences, pre-cast concrete posts with panels, or other lightweight boundary structures.
Why the Party Wall Act Matters
Failing to follow the Party Wall Act can delay your project, create legal disputes, and put you at risk of liability for damage to neighbouring property. By serving the correct notices and appointing an experienced Party Wall Surveyor, you can keep your project on track while maintaining good neighbourly relations.
Speak to the UK’s Cheapest Party Wall Surveyors
At Simple Survey, our RICS-registered surveyors provide clear, independent advice and cost-effective solutions for both Building Owners and Adjoining Owners across London and the UK.
📩 Email: team@simplesurvey.co.uk