A clear, practical guide before you (or your neighbour) start building
Planning an extension, loft conversion, basement, garden wall or new foundations near a boundary? The Party Wall etc. Act 1996 may apply.
Here’s a no-nonsense guide to what it covers, how the process works, and who does what—so you avoid delays, disputes, and unnecessary cost.
1) What does the Act actually govern?
The Act creates a legal framework for certain works that affect a neighbour’s property. In broad terms it covers:
- Works to a Party Wall / Party Structure
(e.g., cutting in steel for a loft, removing a chimney breast, inserting a DPC, works to party floors/ceilings in flats). - New walls at the boundary
- Section 1(2): building a new wall astride the boundary (requires your neighbour’s consent).
- Section 1(5): building a new wall up to the boundary (on your land).
- Adjacent Excavations within 3 metres (and deeper than the neighbour’s foundations) or within 6 metres if they fall within the 45° test (Section 6).
- Party fence walls (masonry garden walls shared by two properties—timber fences are not included).
2) Notices are a legal requirement (and there are minimum lead-times)
If your works are notifiable, the Building Owner must serve a valid Party Wall Notice on every Adjoining Owner before starting on site:
- Section 2 (works to party walls/structures): serve at least 2 months before works start.
- Section 1 (new walls at/astride boundary): serve at least 1 month before works start.
- Section 6 (adjacent excavation): serve at least 1 month before works start.
Tip: add 2 days postal allowance and real-world admin time. Serve earlier than the minimum so surveyors have time to resolve any “dispute” and agree the Award before your contractor mobilises.
3) Adjoining Owners have three valid responses
Upon receiving a Notice, the Adjoining Owner can:
- Consent.
- Dissent & appoint an Agreed Surveyor (one impartial surveyor acts for both owners).
- Dissent & appoint their own surveyor (two-surveyor route).
No reply within 14 days is treated as a dissent, which triggers the surveyor appointment process.
4) What surveyors do: resolve the Act’s “dispute”
A “dispute” in Party Wall terms is a formal trigger—not necessarily neighbourly hostility. Once triggered, surveyor(s) are appointed to administer the Act impartially, test the proposals against risk, and set the rules of engagement so the works can proceed safely and lawfully.
5) The three surveyor configurations
- Agreed Surveyor – a single, impartial surveyor jointly appointed by both owners.
- Two Surveyors – each owner appoints their own; they select a Third Surveyor at the outset.
- Third Surveyor – only called upon if the two surveyors can’t agree on a specific point; they determine that point by referral.
6) The Party Wall Award: the formal resolution
The Award is the binding document that concludes the procedure and resolves the dispute. Typically it will:
- Authorise the time and manner of the notifiable works.
- Incorporate drawings, method constraints (e.g., hand tools at the party wall), access conditions (Section 8), and protective measures.
- Set out damage protocols and making-good/compensation routes.
- Confirm rights and obligations, including post-works checks and how variations are handled.
Once served, the Award can be appealed within 14 days (county court) on points of law/validity—not because someone simply dislikes its content.
7) Who pays?
In almost all typical projects, the Building Owner funds the reasonable Party Wall costs:
- Their own surveyor (if any),
- The Adjoining Owner’s surveyor (if the neighbour dissents and appoints one), and
- Any reasonably required specialist input (e.g., checking engineer) that relates to the notifiable works.
8) Why the Act protects better than common law
By following the Act, Adjoining Owners gain clear, enforceable protections:
- Advance scrutiny of risks and methods by impartial surveyor(s).
- A damage resolution pathway within the Award (make good or compensation, determined by surveyor(s) if needed).
- Enforceability—Awards can be enforced in court if a party fails to comply.
Relying on common law alone usually means uncertainty, reactive action, and higher litigation risk/cost.
Practical pointers before you serve
- Confirm ownership details (freeholder/long-leaseholder) before serving—serve every relevant Owner.
- Include correct drawings (especially for Section 6 excavations: plans/sections with foundation depths).
- Avoid DIY pitfalls; an invalid Notice restarts the clock and delays the programme.
- Talk to your neighbour early—calm, informed neighbours respond faster and more favourably.
Simple Survey — clear, fixed pricing (nationwide)
Our transparent fees:
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted)
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee (depends on complexity and number of notices/owners)
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side
We also work to keep your neighbour’s surveyor’s hourly fees reasonable and contained.
Why choose us
- RICS-qualified building surveyors (real building pathology expertise)
- Nationwide coverage
- Fixed fees—no surprises
- Pragmatic, neighbour-friendly approach to keep projects moving
Unsure if your works are notifiable—or want Notices drafted correctly first time?
Email your drawings and target start date to team@simplesurvey.co.uk”
We’ll confirm what’s notifiable, issue valid Notices quickly, and guide you smoothly to a robust Party Wall Award—so your build can start on time and on the right side of the law.