If you or your neighbour are planning a side extension, loft conversion, basement, or structural alterations near the boundary, there’s a good chance the Party Wall etc. Act 1996 applies.
Unknown to some, the Act sets out a simple legal framework that allows building work to proceed while protecting the neighbour’s property and limiting unnecessary disruption.
Much like; planning permission and Building Regulations, owners are required to follow the party wall process, even if they have approval from the council.
WHAT THE ACT ACTUALLY COVERS
Despite the name, the Act isn’t only about shared walls. It applies to three broad situations:
Work on a party wall or party structure (for example, cutting steel beams into a shared wall for a loft, removing a chimney breast on a dividing wall, repairing or rebuilding a garden wall that straddles the boundary);
New walls built up to or astride the boundary line;
Excavations close to a neighbouring building where the dig is deeper than their foundations—typically within three metres, or within six metres if a 45‑degree line from the bottom of their foundations would be cut by your excavation.
The rules apply across England & Wales (not Scotland or Northern Ireland).
Who counts as an “owner” under the Act?
The Act uses a wide definition. An owner can be a freeholder, a leaseholder with a lease longer than a year, or someone entitled to receive the rent from the land. There can be more than one “adjoining owner” for the same property—such as a freeholder and a long leaseholder in a block of flats—so the building owner often needs to notify several people.
NOTICES: THE STARTING POINT
If your works fall within the Act, you must serve written notice on every adjoining owner before you start.
For most party‑structure works the minimum notice is two months; for boundary walls and excavations it’s one month.
A good notice describes the works clearly and gives a proposed start date; excavation notices must include plans and sections showing the depth and position of the dig. Email service is only valid if the recipient has agreed to receive notices that way.
Failing to serve a valid notice can lead to an injunction stopping the works and to a claim for costs.
HOW NEIGHBOURS RESPOND—AND WHAT THAT MEANS
Once a notice is served, the neighbour has 14 days to reply. If they consent in writing, you can proceed with the notified works without appointing surveyors.
If the neighbour dissents, or simply doesn’t reply within 14 days (which counts as a dissent for most notice types), the Act’s dispute‑resolution procedure begins.
There are two routes: both owners can agree to appoint one impartial “Agreed Surveyor”, or each owner can appoint their own surveyor. Those surveyors then select a Third Surveyor in reserve to decide any point they can’t agree between themselves.
THE PARTY WALL AWARD (THE OUTCOME OF A “DISSENT”)
When there’s a dissent, the surveyor(s) resolve the dispute by making a Party Wall Award. This is a binding legal document that lets the project move ahead while setting fair conditions to protect the neighbour.
In practical terms, an Award will describe the works and the legal powers being used; control how and when noisy or higher‑risk activities happen; require sensible protection measures; set out access arrangements where a temporary right of entry is needed to do the notifiable works safely and explain how any damage will be made good or compensated.
On larger or riskier schemes the Award can also require security for expenses—money held on account to ensure repairs or completion if something goes wrong.
Once the Award is served on both owners, notifiable works can begin (as long as the original notice period has expired or has been waived in writing). The surveyor(s) can also visit during the works to check compliance, and again at the end to confirm whether any damage needs making good or a payment in lieu.
WHO PAYS?
In most cases the Building Owner pays the reasonable party wall costs because they’re the one benefiting from the works. That normally includes their own surveyor’s fee, the Adjoining Owner’s surveyor’s fee (if separately appointed) and any technical advice reasonably needed to make the Award. There are exceptions: if the works are needed due to defect or want of repair in a shared structure, costs can be split fairly; and if the neighbour asks for extra works that benefit them, they’ll usually contribute to those.
TIMELINES YOU CAN ACTUALLY PLAN AROUND
Allow enough time. Even straightforward residential projects can take four to eight weeks from surveyor appointments to a served Award, and that period can be longer if there are multiple owners to notify, access is tricky, or the design is complex. Notice periods (one or two months) run in parallel, but projects often slip when notices are invalid, drawings are incomplete, or owner details are missing. Starting the party wall process early is one of the easiest ways to de‑risk your programme.
Appeals and enforcement
Either owner can appeal an Award in the County Court within 14 days of service if they think the surveyor(s) got the law or process wrong. An appeal doesn’t automatically pause the works—you’d need to apply for a stay if you need a temporary halt. If an Award is breached, the other party can seek to enforce it and recover sums due.
PRACTICAL TIPS THAT SAVE TIME AND STRESS
The party wall process is smoother when the basics are done well. Talk to your neighbour before you serve notice, share drawings and explain the sequence—people are much more likely to consent or cooperate when they understand what’s happening.
Make sure you identify all adjoining owners, especially in flats. Provide proper excavation drawings where required. Keep issues that sit outside the Act—like boundaries, scaffold licences, oversail and rights of light—on their own tracks so they don’t derail the Award.
Need expert help right now?
Simple Survey is widely trusted by homeowners, developers and managing agents for fast, compliant party wall advice—without the premium price tag. We focus on clear guidance, valid notices, and robust Awards that keep your programme moving and your neighbour onside.
Why Simple Survey
- Most cost‑effective party wall surveyors in England & Wales — value without compromise on compliance or care.
- Fixed‑fee options and transparent scope, so you know exactly what’s included.
- Nationwide coverage with prompt appointment and swift turnaround on notices and Awards.
Talk to a surveyor today: team@simplesurvey.co.uk
Tell us your address, a short description of the works, and (if you have them) plan/elevation PDFs. We’ll confirm whether the Act applies, outline your next steps, and provide a clear, no‑obligation quote.