If you’re planning to carry out building work near a shared boundary or have received a Party Wall Notice, you may be wondering what your rights and responsibilities are. That’s where the Party Wall etc. Act 1996 comes in—a key piece of legislation that applies to England and Wales.
🧱 What is the Party Wall Act?
Introduced in 1997, the Party Wall Act sets out a legal framework to help neighbours avoid and resolve disputes related to certain types of construction. It grants rights to property owners undertaking work while offering protection to those whose buildings might be affected.
The Act applies to three main types of notifiable work:
- Building a new wall on or across the boundary line between two properties
- Carrying out work on an existing party wall or structure, such as removing chimney breasts or inserting steel beams
- Excavating within 3 or 6 metres of a neighbouring structure where the excavation goes deeper than the neighbour’s foundations
📝 When Must You Serve Notice?
If you’re a building owner intending to carry out works covered by the Act, you are legally required to serve a formal notice to your neighbour(s)—known as Adjoining Owners. This gives them the opportunity to review and respond before any work begins.
The Adjoining Owner can:
- Consent, allowing works to proceed without further delay
- Dissent, which triggers a formal dispute resolution process
⚖️ What Happens if There’s a Dispute?
If your neighbour dissents to the notice, both parties must appoint a Party Wall Surveyor—or agree on a single impartial surveyor (known as an Agreed Surveyor)—to draw up a Party Wall Award. This legally binding document outlines how and when the work should be carried out, while protecting both parties’ interests.
Important: The Act does not give Adjoining Owners the right to stop legitimate building works—it simply ensures proper procedures are followed and any impact is carefully managed.
✅ Need Help Navigating the Party Wall Process?
Whether you’re planning works or responding to a notice, the team at Simple Survey can guide you every step of the way. Our experienced surveyors specialise in party wall matters and can help you stay compliant, reduce risk, and maintain good neighbourly relations.
📩 Email us at team@simplesurvey.co.uk to get expert advice or request a free initial consultation.
Let’s make the process simple.