The Party Wall Act 1996 is an important piece of legislation that affects property owners planning new builds, extensions, or conversions. If your work involves a shared wall, boundary line, or excavation near a neighbouring property, you may be legally required to notify your neighbour and follow a formal process to prevent disputes. Failing to comply can lead to delays, increased costs, and legal action.
This guide explains when the Party Wall Act applies, what notices need to be served, how disputes are resolved, and who is responsible for surveyors’ fees.
When Does the Party Wall Act Apply?
The Party Wall Act applies in three main situations:
1. New Builds and Extensions Near or on a Boundary
If you are constructing a new house or an extension close to or on the boundary line, you must serve a Line of Junction Notice. This applies when:
You are building up to but not on the boundary line.
You are constructing a new wall astride the boundary, which requires your neighbour’s consent.
This notice must be served at least one month before work begins. If your neighbour does not consent to a shared boundary wall, you must build entirely on your own land.
2. Alterations to an Existing Party Wall
If your work involves modifying a shared (party) wall, such as:
Raising or extending it upwards (e.g., for a loft conversion).
Cutting into it (e.g., for inserting steel beams).
Demolishing and rebuilding it.
Making it thicker or reducing its height.
You must serve a Party Structure Notice at least two months before starting work.
3. Excavations Near a Neighbour’s Foundation
If your project involves digging near your neighbour’s property, the Act requires a Notice of Adjacent Excavation if you plan to:
Excavate within three metres of their building and to a depth lower than their foundations.
Excavate within six metres if the excavation goes deeper than a 45-degree angle from the bottom of their foundation.
This notice must be served at least one month before excavation begins.
Once you have served the appropriate notice, your neighbour has 14 days to respond. If they do not reply within this period, or if they formally object, the matter is considered in dispute, and the next stage of the process begins.
What Happens if a Neighbour Disputes the Notice?
If your neighbour agrees to the work in writing, you can proceed as planned, subject to any agreed conditions. However, if they dispute the notice or fail to respond within 14 days, you must follow the Party Wall Act’s dispute resolution process.
Appointing Party Wall Surveyors
In the case of a dispute, the Act requires the involvement of surveyors to resolve the matter fairly:
You and your neighbour can agree to appoint a single surveyor (known as an Agreed Surveyor) to act impartially.
If you cannot agree on a single surveyor, each party must appoint their own surveyor to represent their interests.
These two surveyors must then select a third surveyor, who will act as a referee if the first two surveyors cannot agree.
The Party Wall Award
Once appointed, the surveyors will issue a legally binding Party Wall Award that sets out:
The specific work permitted.
How and when the work should be carried out.
Protective measures to prevent damage to the neighbour’s property.
Access rights for surveyors, contractors, and workmen.
A Schedule of Condition, which records the state of the neighbour’s property before work starts, ensuring any damage caused is properly addressed.
The Party Wall Award must be followed throughout the project. If either party is unhappy with the decision, they can appeal it in the county court within 14 days.
Who Pays for the Party Wall Surveyors?
Generally, the building owner (the person carrying out the work) is responsible for all surveyors’ fees. However, if the neighbour acts unreasonably—for example, by rejecting an agreed surveyor without a valid reason—they may be required to pay part of the costs.
If the work is for the mutual benefit of both parties (e.g., repairing a defective party wall), costs may be shared proportionally.
Key Takeaways
If your work affects a party wall, boundary, or adjacent foundation, you must serve the correct notice:
New builds/extensions near the boundary – 1 month before work starts.
Party wall alterations – 2 months before work starts.
Excavations near a neighbour’s foundation – 1 month before work starts.
If a neighbour disputes the notice, Party Wall Surveyors must be appointed to oversee the process and issue a Party Wall Award.
The building owner usually pays for surveyor fees, unless the adjoining owner acts unreasonably.
Final Thoughts
The Party Wall Act 1996 is designed to protect both property owners and their neighbours. If you are planning a new build, extension, or conversion, ensuring that you follow the correct procedures will help avoid unnecessary disputes and delays.
If in doubt, it’s always best to consult an experienced designer who will if deemed necessary direct you to a Party Wall Surveyor early in the process to ensure compliance and a smooth project .
Jbh Architectural Services 
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