We Explain the Party Wall Act

For homeowners and developers in England & Wales

If you or your neighbour are planning a kitchen extension, loft conversion, basement, or any work close to a shared boundary, the Party Wall etc. Act 1996 (“the Act”) probably matters to you. Its job is simple: let building projects proceed lawfully while protecting neighbours from damage and unnecessary disruption. It sits alongside (not instead of) planning permission and Building Regulations.

This explainer sets out, in plain English, when the Act applies, what you must do, how your neighbour can respond, and what happens next.

1) What the Act does (and doesn’t) do

The Act provides a legal framework that:

  • Requires advance written notice of certain works that affect shared walls/structures or close‑by excavations.
  • Gives the building owner statutory rights to carry out those works (for example, to cut into or raise a party wall), provided the procedure is followed.
  • Ensures the adjoining owner is protected: they must not suffer unnecessary inconvenience and must be compensated for loss or damage caused by the notifiable works.
  • Provides a neutral way to resolve disagreement via independent surveyor(s) and a binding Party Wall Award.

It does not decide who owns land or where your boundary lies, and it does not replace planning permission or Building Regulations.

2) When does the Act apply?

Think of three broad categories. If your project involves any of these, the Act is likely engaged.

A) New walls on or near the boundary (Section 1)

  • Building a new wall up to the boundary on your land is notifiable.
  • Building a new wall astride the boundary (half on each owner’s land) needs your neighbour’s written consent. If they don’t consent, you can still build up to the boundary, but not astride it.

B) Works to an existing party structure (Section 2)

A party structure includes:

  • A party wall between terraced or semi‑detached houses (including parts wholly on one side but used by both buildings).
  • A party fence wall—a freestanding masonry garden wall astride the boundary.
  • A party structure within a building, such as the floor/ceiling between flats.

Common notifiable works include cutting in steel beams for a loft, removing a chimney breast from a party wall, raising or rebuilding a garden wall on the line of junction, underpinning, or temporarily exposing a party wall.

C) Excavations close to a neighbour (Section 6)

  • Within 3 metres of a neighbouring building and deeper than the bottom of its foundations, or
  • Within 6 metres where your excavation would cut a 45° line drawn downwards from the neighbour’s foundation.

This often captures new extension footings, basements and piled foundations.

Minor, non‑structural jobs on your side (e.g., re‑plastering, shallow chasing for sockets, fixing shelves) generally don’t require a party wall notice. If in doubt, ask.

3) Who counts as an “owner”?

Under the Act, “owner” includes freeholders, leaseholders and buyers under contract. A single property can have several owners, and all may need to be notified.

4) The procedure in practice

Step 1: Serve valid notice(s)

  • Section 2 notices (works to party structures): serve at least 2 months before works start.
  • Section 1 and Section 6 notices (new boundary walls / excavations): serve at least 1 month before works start.
  • Notices must be in writing, dated, describe the works, and state the intended start date.
  • Excavation notices must include plans and sections showing location and depth.
  • You can serve by hand or post; by email only if the recipient has agreed in advance and provided an address.

Good practice: have a friendly conversation first, then send clear, accurate notices. It speeds things up.

Step 2: Your neighbour’s response (14 days)

They can:

  • Consent in writing; or
  • Dissent (which triggers the surveyor process); or
  • Do nothing—for Section 2 or 6, silence after 14 days is treated as dissent so the surveyor process can start.
    • For Section 1 astride boundary, silence = no consent; you must build wholly on your land if you proceed.

Step 3: Appoint surveyor(s) if there is a dissent

There are two routes:

  • An Agreed Surveyor: one impartial surveyor acts for both owners; or
  • Two surveyors, one for each owner, who then select a Third Surveyor in case of deadlock.

Surveyors act impartially under a statutory duty. They are not “for” one side.

Step 4: The Party Wall Award

The Award is a legally binding document that sets out:

  • What work is permitted under the Act, how and when it must be done;
  • Protection measures (temporary works, weathering, vibration limits, noisy‑work hours, etc.);
  • Access arrangements (including scaffolding if reasonably necessary);
  • How damage will be made good or paid for;
  • Any security for expenses required on riskier schemes (e.g., basements); and
  • Costs (surveyors’ reasonable fees and any technical advisers needed for the Award).

Once served, the Award allows the building owner to start the notifiable works (after any remaining notice period). Either party can appeal to the County Court within 14 days on a point of law. An appeal does not automatically pause works—you must apply for a stay.

Step 5: Completion and close‑out

If damage is found and attributable to the notifiable works, the adjoining owner can choose to have it made good by the building owner’s contractor or receive a payment in lieu to use their own.

5) Rights, responsibilities and costs

Building Owner (doing the works)

  • Must serve notices correctly and follow the Award.
  • Must avoid unnecessary inconvenience and protect the neighbour’s property.
  • Is responsible for making good or compensating for damage caused by notifiable works.
  • Usually pays the reasonable costs of the process, including the adjoining owner’s surveyor if one is appointed.
  • Cannot place special foundations (reinforced foundations) on neighbour’s land without written consent.

Adjoining Owner (neighbour)

  • Can consent or dissent; either way, retains the right to protection and compensation if damage occurs.
  • Can request reasonable measures to safeguard their property, and on intrusive works, can ask for security for expenses before works begin.
  • Must allow necessary access for notifiable works and surveyors with proper notice (14 days, except emergency).

Who pays what?

  • Generally, the building owner pays the costs of notifiable works and the reasonable fees of the surveyor(s).
  • If the work remedies a defect or want of repair in a party structure, costs may be shared in proportion to use and responsibility.
  • If a neighbour asks for additional works that benefit them, they may contribute to those costs.
  • If you enclose on a neighbour’s wall that they paid for previously, you may owe an enclosure payment.

6) Access and protection

Under the Act, the building owner—and the surveyors—have a right of access to the neighbour’s land when necessary to execute notifiable works, with 14 days’ notice (less in emergencies). The Award will define how access is managed and what protection is required (e.g., hoardings, sheeting, alarms, scaffold designs, insurance). Denying lawful access can be an offence.

7) Timings and documents at a glance

  • Serve notices:
    • Section 2 (party structures): 2 months minimum.
    • Section 1 / 6 (new boundary walls / excavations): 1 month minimum.
  • Neighbour’s reply: 14 days.
  • If no reply to Section 2/6: deemed dissent; surveyor process begins.
  • Appeal an Award: 14 days from service.
  • Notices are valid for 12 months—don’t serve too early.

8) If things go wrong

  • No notice served? The neighbour can apply to court for an injunction to stop the work until the Act is complied with.
  • Award breached? It’s enforceable; seek legal advice on the best route.
  • Unhappy with the Award? There is a 14‑day window to appeal to the County Court on a point of law.
  • Surveyor conduct concerns? If they’re members of a professional body (e.g., RICS), use that body’s complaints process.

Need tailored advice?

Every site is different. If you’re unsure whether your plans are notifiable, or you want notices and an Award drafted properly the first time, speak to a specialist party wall surveyor. A short upfront review can save months of delay later.

📩 Contact team@simplesurvey.co.uk, England and Wales’ most cost effective Party Wall Surveying team with Party Wall Notice fees from £25.00 and Party Wall Award fees capped at £325.00. We will not be beaten on price!