WHAT IS A PARTY WALL?
A party wall is a wall that stands on the boundary between two properties and is shared by both owners. It could form part of a building — such as the wall between two terraced or semi-detached houses — or it could be a freestanding boundary wall (sometimes called a party fence wall) that is not part of a building but separates two plots of land.
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A wall can also qualify as a party wall if it stands entirely on one owner's land but is used by two owners to separate their buildings — for example, where one owner built the wall first and the other later built against it without constructing their own.
In blocks of flats, the term 'party structure' is used more broadly to include floors and ceilings that separate one flat from another.
WHAT IS THE PARTY WALL ETC. ACT 1996?
The Party Wall etc. Act 1996 is legislation that applies throughout England and Wales. It provides a clear framework for preventing and resolving disputes when one property owner wants to carry out construction work that could affect a shared wall, a boundary structure, or a neighbouring property's foundations.
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The Act does not stop lawful work from proceeding. Instead it ensures that neighbours are properly notified, that risk to their property is eliminated, lowered or managed, and that any disputes are resolved efficiently — without the need to go to court.
DOES THE ACT APPLY IN SCOTLAND AND WALES?
The Act applies in England and Wales. Scotland has its own separate legislation governing similar matters. If your property is in Wales, the same Act and procedures apply as in England.
WHAT IS THE DIFFERENCE BETWEEN A 'BUILDING OWNER' AND AN 'ADJOINING OWNER'?
The Building Owner is the person (or company) planning to carry out the work. The Adjoining Owner is any neighbouring owner whose property may be affected. This includes freeholders, leaseholders with a lease of more than one year, and anyone entitled to receive rent — so in a block of flats there may be multiple adjoining owners requiring separate notices.
THE WORK
WHAT TYPES OF WORK TRIGGER THE PARTY WALL ACT?
The Act covers three broad categories of work, known as notifiable work, each dealt with in a separate section:
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Section 1 — Building a new wall on or along the line of junction (boundary).
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Section 2 — Work to an existing party wall or party structure. This includes cutting into it, raising or lowering it, demolishing and rebuilding it, inserting a damp-proof course, removing a chimney breast, inserting beams or steelwork, or underpinning it.
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Section 6 — (1) Excavating within 3 metres of a neighbouring building or structure and to a depth lower than that neighbour's foundations, or (2) within 6 metres where particularly deep foundations (such as piled foundations) are used.​​​​​​​
WHAT TYPES OF WORK DOES NOT TRIGGER THE PARTY WALL ACT?
Minor, non-structural work generally is not notifiable under the Act. Examples could be:
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Plastering or decorating a party wall.
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Drilling into a party wall to fix shelves, picture hooks, electrical sockets or cabinets.
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Routine maintenance or redecoration on your own side of the wall.
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Replacing a timber garden fence (garden fences are not covered by the Act).
If you are in any doubt, please do contact us for free advice — it is always better to check early than to discover a problem once work has started.
DOES THE PARTY WALL ACT APPLY TO WORK IN A FLAT?
Yes. In blocks of flats, the party structures between individual flats — including floor and ceiling structures — are covered by the Act. The relevant adjoining owners may include the neighbouring flat owner, the freeholder, and any other leaseholder whose property is structurally affected. Identifying all the relevant parties and serving the correct notices in a block of flats requires care.
DOES THE PARTY WALL ACT APPLY TO LISTED BUILDINGS?
Yes. the Party Wall Etc. Act 1996 applies regardless of whether your property is listed. However, listed building consent from your local planning authority will also be required for any work that affects the character of a listed building or its curtilage. The party wall process and the listed building consent process run separately and in parallel.
THE SURVEYORS
WHAT IS AN AGREED SURVEYOR?
An Agreed Surveyor is a single impartial professional appointed by both the building owner and the adjoining owner to act for them jointly. This is often the most cost-effective and straightforward route to resolving a dispute by means of a party wall award, where neighbours have a good relationship and the works are clearly understood. The agreed surveyor's duty is to the Act — they do not advocate for either party.
WHAT IS THE DIFFERENCE BETWEEN AN AGREED SURVEYOR AND TWO APPOINTED SURVEYORS?
If the adjoining owner dissents to the party wall notice and the parties cannot agree on a single surveyor, each will appoint their own. These two appointed surveyors then work together to produce the party wall award. If the two surveyors cannot agree on a particular point, they refer it to a third surveyor who makes a binding determination. An agreed surveyor arrangement is only possible if both parties agree to it — it cannot be used where no response has been received to the party wall notice.
WHAT IS THE ROLE OF THE THIRD SURVEYOR?
When two appointed surveyors are in place, they select a third surveyor immediately after their appointment. The third surveyor takes no active part unless called upon (they often do not know they have been selected). If the two appointed surveyors cannot agree on a matter, either surveyor — or either owner — can call on the third surveyor to make a binding determination. The third surveyor will also decide who pays their fee.
DOES A PARTY WALL SURVEYOR ACT ON MY BEHALF?
A surveyor appointed to prepare and serve a party wall notice is acting as an agent and has a client/professional relationship.
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If a dispute occurs, Surveyors appointed under the Act have a statutory duty to conduct their work impartially — their overriding obligation is to the Act, not only to the party who appointed them. The surveyor ensures the correct process is followed, that protections are properly recorded, and that any party wall award produced is fair and lawful.
PROCESS AND COSTS
WHAT IS A PARTY WALL AWARD?
A party wall award (sometimes called a party wall agreement) is a legally binding document prepared by the appointed surveyor or surveyors. It sets out the work that is permitted to proceed, the manner and timing in which it will be carried out, and protections put in place for the adjoining owner. A typical award includes clauses covering the following:
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A description of the proposed works and relevant drawings.
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Working hours during which notifiable works may be carried out.
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Access arrangements for surveyors and contractors.
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Protective measures to prevent damage.
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A schedule of condition of relevant parts of any adjoining property (properties).
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Details of who is responsible for surveyor fees.
WHAT IS A SCHEDULE OF CONDITION?
A schedule of condition is a survey which captures a written record of the state of the adjoining owner's property before notifiable work begins. Photographs are usually taken of relevant parts of the adjoining property. The survey is usually taken by the building owner's surveyor. A schedule of condition would be included as part of a party wall award. The purpose is to establish a clear baseline — if the adjoining owner later claims damage has been caused by the works, the schedule of condition provides objective evidence of what existed beforehand. It gives protection to both parties.
WHO PAYS THE SURVEYOR'S FEES?
In most cases the building owner pays all reasonable surveyor fees — including the fees of the adjoining owner's appointed surveyor — because the building owner's project is what triggers the process. However, if the adjoining owner causes unnecessary delays or makes unreasonable demands, the surveyors may determine that some costs fall on the adjoining owner instead. The award will set out the fee arrangement.
CAN A PARTY WALL AWARD BE APPEALED?
Yes. Either party has the right to appeal a party wall award to the County Court within 14 days of it being served. An appeal should not be undertaken lightly — if unsuccessful, the appellant may be ordered to pay the other side's legal costs. Seeking legal advice before appealing is strongly recommended.
DO I NEED TO INVOLVE A SOLICITOR?
Not usually. The Party Wall Etc.Act 1996 is specifically designed to be administered by party wall surveyors without the need for legal representation. Involving solicitors in straightforward party wall matters tends to add cost and delay. A solicitor may be appropriate if you are considering an injunction, appealing an award, or if there is a related boundary or legal dispute running alongside the party wall matter.
CAN THE PARTY WALL ACT RESOLVE A BOUNDARY DISPUTE?
No. The Act deals specifically with building works affecting party walls and nearby excavations — it does not determine where a boundary actually lies. Boundary disputes require separate resolution through the courts, a formal boundary determination by a specialist, or mutual agreement. If a boundary dispute exists, it is best to resolve it before any party wall works begin. There are specialist boundary surveyors, however it is only the owners who can resolve the dispute.
BUILDING OWNER
You are a Building Owner if you are planning to carry out building work that may affect a shared wall, boundary or neighbouring foundations, known as notifiable works. This section covers topics you need to know before and during the party wall process.
PARTY WALL NOTICE
HOW DO I KNOW IF THE PARTY WALL ACT APPLIES TO MY PROJECT?
The Act is likely to apply if your project involves any of the following:
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Work to an existing shared wall — for example, roof works on a semi-detached or terraced property, cutting in for steel beams, raising or lowering a party wall, inserting a damp-proof course or removing a chimney breast.
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Building a new wall on or across the boundary line.
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Excavating within 3 metres of a neighbouring building or structure to a depth below its foundations.
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Excavating within 6 metres where deep (e.g. piled) foundations are proposed.
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Common projects that typically trigger the Act include loft conversions, rear extensions, side extensions, basement excavations and new build works on or near the boundary. If you are unsure, contact us and we will tell you quickly and for free.
DOES A LOFT CONVERSION REQUIRE A PARTY WALL NOTICE?
Very often yes. Loft conversions regularly involve cutting into the party wall to insert steel beams and if a dormer is to be added this will involve exposing the party structure, these works fall under Section 2 of the Act — requiring a notice to be served two months before works are planned. If the loft conversion does not involve any notifiable work, no notice is needed, but this is relatively unusual in terraced or semi-detached properties. An early conversation with us will confirm what is required for your specific design. Please contact us for free advice.
DOES AN EXTENSION REQUIRE A PARTY WALL NOTICE?
Possibly. A rear extension may require a notice if the new foundations are excavated within 3 metres of your neighbour's building (Section 6 of the Act). If the extension wall adjoins the party wall or builds on the boundary, Section 1 or Section 2 notices may also be required. The precise answer depends on the design, the depth of the foundations and the distance to neighbouring structures — we are happy to review your drawings and advise without any charge or obligation.
DOES A BASEMENT PROJECT REQUIRE A PARTY WALL NOTICE?
Basement excavations almost always trigger the Act because of the depth of excavation involved and the proximity to neighbouring foundations. Given the structural sensitivity of deep excavations, the party wall process for basement projects tends to involve more detailed engineering input. We really recommend contacting a professional for advice early in the project.
SERVING A PARTY WALL NOTICE
WHEN DO I NEED TO SERVE A PARTY WALL NOTICE?
We recommend involving a party wall surveyor as soon as your design is settled — ideally 2–3 months before you intend to start on site. This is often around the time a planning application is submitted.
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Party wall notices are only valid for 12 months, so do not serve them so far in advance that they expire before work begins.
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Two months' notice is required for work under Sections 1 and 2 (boundary works or works to an existing party wall).
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One month's notice is required for excavation work under Section 6.
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CAN I SERVE A NOTICE MYSELF?
Yes — there is no legal requirement to use a surveyor. However, notices that have any incorrect details or served on the wrong people are invalid and the process must be restarted, which can cause costly delays.
In our experience, the majority of self-served notices contain errors of some kind. Having a party wall surveyor handle this from the outset removes the risk. It is a relatively inexpensive step but it is crucial to the process that it be done correctly.
Contact us for a Fee Proposal.
WHO DO I NEED TO SERVE THE NOTICE ON?
You must serve a notice on every adjoining owner whose property may be affected. This includes:
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The freeholder of any adjoining property.
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Any leaseholder whose lease has more than one year remaining.
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Any person entitled to receive rent from the property.
In a terraced street or block of flats there may be several owners requiring separate notices — and a leaseholder and their freeholder may both need to be served in respect of the same property.
HOW SHOULD A PARTY WALL NOTICE BE SERVED?
A notice can be delivered by hand, sent by post, or fixed to a conspicuous part of the property. Some kind of proof of service is needed. Simply posting it through a letterbox is not valid service under the Act. If you use the postal service, ask for a proof of postage. If the property owner cannot be identified after reasonable enquiries (including a Land Registry search), the notice can be addressed to 'The Owner'.
MY NEIGHBOUR HAS ALREADY SAID THEY ARE HAPPY WITH THE WORK - DO I STILL NEED TO SERVE A NOTICE?
Yes. Verbal agreement — or even an informal written note — is not the same as formal consent under the Act. Your neighbour must respond to a properly served notice in writing within the 14-day period. Skipping the notice process leaves you legally unprotected and could expose your project to an injunction or claims of damage, however good your relationship with your neighbour.
AFTER THE PARTY WALL NOTICE IS SERVED
WHAT HAPPENS AFTER THE NOTICE IS SERVED?
Once the notice is served, your neighbour has 14 days to respond. What happens next depends on their response. They can:
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Consent in writing — allowing the works to proceed.
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Consent in writing (subject to conditions) — This usually involves a Schedule of Condition survey being carried out on the relevant parts of your neighbour's property, once the survey has been carried out the works can proceed.
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Dissent and agree to a single Agreed Surveyor — one impartial surveyor acts for both parties.
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Dissent and appoint their own surveyor — each party has their own surveyor and the two jointly prepare the award.
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Do nothing — if no response is received within 14 days, a dispute is deemed to have arisen automatically.
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Each of the above carries a different cost implication, where there are multiple adjoining owners entitled to a notice​ it can be difficult to anticipate the total final cost in every possible scenario. Download our free Easy Guide to the Party Wall Process.
WHAT IF MY NEIGHBOUR IGNORES THE NOTICE?
If no response is received within 14 days, a dispute is deemed to have arisen. Your surveyor will then serve a further 10-day notice asking your neighbour to appoint a surveyor. If they still do not respond, you are entitled to appoint a surveyor on their behalf. Work cannot begin simply because there has been no reply, neither is it stopped because of no response being received. The formal process must still be followed and a party wall award is produced.
CAN I START WORK BEFORE THE AWARD IS SERVED?
No. You cannot begin notifiable works without either your neighbour's written consent or a party wall award in place. Starting without proper authority can expose you to an injunction, delays and legal costs. Work that falls entirely outside the scope of the Act (such as internal non-structural tasks) can however proceed in parallel.
WHAT ARE THE RISKS OF NOT SERVING A PARTY WALL NOTICE?
Carrying out notifiable works without serving a valid party wall notice is unlawful. The risks include:
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Your neighbour can apply for an injunction to stop all work — This can extremely costly and disruptive once a contractor is on site.
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You lose the protection the Act provides, including the ability to resolve damage claims through the surveyor process.
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You may be liable under common law for any damage caused to your neighbour's property, including remediation costs and professional fees.
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You may be required to undo or alter completed work if it infringed on your neighbour's rights.
ACCESS AND SPECIFIC SCENARIOS
DOES THE ACT GIVE ME THE RIGHT TO ACCESS MY NEIGHBOUR'S PROPERTY?
Yes. Section 8 of the Act gives building owners the right to access neighbouring property where it is necessary for the notifiable works, but only after giving 14 days' written notice (except in genuine emergencies). Access must be exercised at reasonable times, and you must minimise disruption. If access is unreasonably refused, the award can include provisions to enable it.
CAN A PARTY WALL AWARD BE MADE RETROSPECTIVELY?
No. The Act does not allow awards to be made retrospectively. If notifiable work has already started without a notice being served, any consequences must be dealt with through common law — typically negotiation or, if necessary, the courts. Surveyors can only be appointed where a valid notice has first been served. The term 'No Notice, No Act' is commonly cited by surveyors.
DOES THE ACT ONLY COVER THE PART OF MY PROJECT THAT TOUCHES THE PARTY WALL?
It depends. The award can only regulate works that fall within the scope of the Act. For example, if your extension triggers Section 6 (excavation), the working hours in the award apply only to that notifiable excavation. Separate local authority construction hours apply to the rest of the project. Appointed surveyors can only determine matters relating to the notifiable works.
WHEN IS THE BEST TIME TO APPOINT A PARTY WALL SURVEYOR?
As early as possible — ideally at the design stage, just as a planning application is submitted if one is needed. The earlier a surveyor is involved, the more time there is to prepare and serve the correct notices, allow the statutory periods to run, and have an award in place before your contractor is due to start. Leaving it late is one of the most common reasons we see projects being delayed.
If a planning application is submitted your proposal will be available in the public domain. There are entities out there who will scrape information from these applications and write to your neighbours with inaccurate and/or intimidating information with the purpose of creating a dispute.
HOW LONG DOES THE PARTY WALL PROCESS TAKE?
For a straightforward project where a neighbour consents promptly, the process can sometimes be concluded in a few weeks. Where a dispute arises and two surveyors are appointed, the process typically takes 2–3 months from serving notice to receiving the award. Complex projects involving basements or multiple neighbours can take longer. Always allow at least 2–3 months from instruction before planning to begin notifiable works on site. Download our Free Guide to the Potential Cost and Timeframe.
ADJOINING OWNER
You are an Adjoining Owner if a neighbour is planning work that may affect your property. This section touches on your rights, what you could do when you receive a notice, and how the process protects you.
RECEIVING A PARTY WALL NOTICE
I HAVE RECEIVED A PARTY WALL NOTICE - WHAT SHOULD I DO?
You have 14 days from receipt of the notice to respond. Your options are:
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Consent in writing — you agree to the works proceeding.
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Consent in writing (subject to conditions) — This usually involves a Schedule of Condition survey of relevant parts of your property, once the survey has been carried out the works can proceed.
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Dissent and agree to an Agreed Surveyor — you and your neighbour jointly appoint a single impartial surveyor. Your neighbour pays the fee.
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Dissent and appoint your own surveyor — you choose your own independent surveyor. Your neighbour pays your surveyor's reasonable fees.
If you are unsure what to do or do not understand the notice, contact us as soon as possible. We can advise you quickly and at no charge.​
WHAT IF I IGNORE A PARTY WALL NOTICE?
If you do not respond within 14 days, a dispute is deemed to have arisen automatically under the Act. Your neighbour's surveyor will then serve a further 10-day notice asking you to appoint a surveyor. If you still do not respond, your neighbour is entitled to appoint a surveyor on your behalf. Ignoring the notice does not stop the works — it simply means the process continues without your active input, which is rarely in your interests.
MY NEIGHBOUR HAS NOT SERVED ME WITH A NOTICE BUT WORK HAS STARTED - WHAT CAN I DO?
If notifiable work appears to be taking place without a notice having been served, contact us as soon as possible and we can discuss the situation. Provided no notice has been properly served, your neighbour is acting outside the Act.
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It may be that your neighbour is unaware of their obligations under the Act. In this situation communication is key, we can assist and provide free advice to any owner. If notifiable works have not started we can assist and serve a notice on their behalf.
If you are sure notifiable works are taking place and you have not received a valid party wall notice, you may be entitled to apply to the court for an injunction to stop the work. We recommend contacting a local solicitor to assist you with this. Acting quickly is important — the sooner you act, the more options are available to you.
YOUR RIGHTS
CAN I STOP MY NEIGHBOUR'S PROJECT?
The Act is designed to allow lawful building work to proceed — you cannot stop it simply by refusing to engage. However, the process ensures your interests are protected through a schedule of condition, the terms of the party wall award and the right to compensation if damage occurs. Failing to respond does not stop the works; it simply results in a surveyor being appointed on your behalf and an award being made without your direct input.
WHAT ARE MY RIGHTS AS AN ADJOINING OWNER?
Your rights under the Act include:
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The right to receive proper notice of the proposed works in writing.
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The right to consent or dissent.
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The right to appoint your own independent surveyor (paid for by the building owner).
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The right to have a schedule of condition carried out before works begin.
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The right to compensation if damage is caused to your property.
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The right not to suffer unnecessary inconvenience during the works.
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The right to appeal a party wall award within 14 days of receiving it.
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The right to grant or withhold access, subject to the Act's provisions.
CAN I ASK FOR MY OWN SURVEYOR EVEN IF I HAVE NO OBJECTION TO THE WORKS?
Yes. Consenting to the works does not prevent you from appointing a surveyor later if concerns arise during construction. However, dissenting and appointing a surveyor from the outset gives you greater formal protection and ensures a schedule of condition is completed before work starts. Your neighbour pays your surveyor's reasonable fees in either case.
WHO PAYS MY SURVEYOR'S FEES?
In the majority of cases, the building owner (your neighbour) is responsible for paying your surveyor's reasonable fees. This is because the building owner's project is what triggers the party wall process. The award will set out the fee arrangement. If your surveyor's fees are considered unreasonable by the building owner's surveyor, the two surveyors must agree what is reasonable — and if agreement cannot be reached, the third surveyor can decide.
DAMAGE AND DISPUTES
WHAT IF DAMAGE OCCURS TO MY PROPERTY DURING THE WORKS?
The party wall award provides the framework for dealing with damage claims. If damage occurs during the notifiable works, inform your neighbour and the appointed surveyors promptly. The building owner is generally liable for making good any damage proven to have been caused by the notifiable works. The surveyors can make a further determination if the parties cannot agree, and a County Court appeal is also available.
WHAT IF I DISAGREE WITH WHAT MY APPOINTED SURVEYOR IS DOING?
Raise your concerns with the surveyor directly in the first instance. If matters remain unresolved, either surveyor can refer a disputed point to the third surveyor for a determination. In cases of serious professional misconduct, you can also raise a complaint with the surveyor's professional body (such as the Faculty of Party Wall Surveyors, CABE or RICS).
WHAT IF I DISAGREE WITH THE PARTY WALL AWARD?
You have the right to appeal to the County Court within 14 days of receiving the award. An appeal must be based on the award being fundamentally wrong — not simply because you are unhappy with the outcome. Before appealing, seek legal advice: an unsuccessful appeal can result in a costs order against you.
DOES MY NEIGHBOUR HAVE THE RIGHT TO ACCESS MY PROPERTY?
Yes, in certain circumstances. Section 8 of the Act gives building owners the right to access neighbouring property where it is genuinely necessary for the notifiable works — but only after giving 14 days' written notice (except in genuine emergencies). You are legally required to allow access in these circumstances. The building owner must minimise disruption, and if any damage is caused during access, they are liable for it.
CAN I GIVE A COUNTER-NOTICE?
Yes. As an adjoining owner, you have the right to serve a counter-notice within 14 days if you would like your neighbour to carry out additional or different work for your own benefit at the same time. For example, you might request that additional flashing or weatherproofing is incorporated. Any additional work requested in a counter-notice is typically paid for by you rather than by the building owner.
WHAT IF THERE IS A FREEHOLDER AND LEASEHOLDERS AT THE SAME PROPERTY?
Both the freeholder and any qualifying leaseholders are adjoining owners under the Act, and your neighbour may need to serve notice on all of them separately. If you are a leaseholder and receive a notice, you should respond in your own right. Your freeholder may also receive (and need to respond to) a separate notice regarding the same works.
THE WORK HAS FINISHED - CAN I STILL MAKE A CLAIM FOR DAMAGE?
If surveyors were properly appointed and an award was in place, any damage claims should ideally have been raised during or promptly after the works. The award and schedule of condition remain relevant documents for any post-completion dispute. If no notice was served and no award was in place, your recourse is through common law rather than through the Act.
If you have any questions, concerns or would like free advice on a party wall matter, please contact us.
