The Party Wall Act Explained — Rights and Obligations When Doing Work Near Boundaries

What Is the Party Wall etc. Act 1996?

The Party Wall etc. Act 1996 is a piece of legislation that provides a framework for preventing and resolving disputes arising from building work near shared walls and boundaries. It applies in England and Wales. If you carry out work covered by the Act without following its procedures, you are committing a civil wrong and your neighbour can seek an injunction to stop the works.

The Act covers three types of work:

1. **Works to a party wall or party structure** — a wall or floor shared between two properties

2. **Building a new wall on or near the boundary** (within 3 or 6 metres depending on depth of foundations)

3. **Excavations near neighbouring foundations** (within 3 metres if excavating below the neighbour’s foundations)

When Must You Serve a Party Wall Notice?

You must serve notice if your project involves:

• Cutting into or raising a party wall
• Building against a party wall
• Demolishing and rebuilding a party wall
• Excavating foundations within 3 metres of a neighbour’s structure where the excavation will go below the level of the neighbour’s foundations
• Building a new wall on the line of junction between two properties

Common domestic projects triggering the Act include: rear extensions (excavations and building against the rear wall of a terrace), loft conversions (cutting into party wall to insert steel beams), and basement conversions.

Types of Party Wall Notice

• **Party Structure Notice** — for works to an existing party wall. Must be served at least **2 months** before work starts.
• **Line of Junction Notice** — for building a new wall on or near the boundary. Must be served at least **1 month** before work starts.
• **Three-Metre Notice (Section 6)** — for excavations within 3 or 6 metres of a neighbouring structure. Must be served at least **1 month** before work starts.

Notices must be in writing and must describe the work clearly.

What Happens After the Notice is Served?

Your neighbour has **14 days** (for some notices, 10 days) to respond in writing. They can:

• **Consent** — work can proceed without a surveyor
• **Dissent** — a dispute is deemed to have arisen and one or more surveyors must be appointed

If they do not respond within the period, a dispute is also deemed to have arisen.

Appointing a Party Wall Surveyor

If consent is not given, each party can appoint their own surveyor, or both parties can agree to appoint a single **agreed surveyor**. Using an agreed surveyor is cheaper and quicker.

The surveyor(s) will produce a **party wall award** — a legally binding document that sets out:

• The work to be done
• How and when it will be carried out
• A schedule of condition of the neighbouring property (to record existing defects before work starts)
• Arrangements for access
• How any damage will be resolved

The building owner pays the surveyor’s fees in most cases.

Costs and Timescales

A party wall award typically takes 4–8 weeks to prepare and costs £700–£2,000 for a straightforward case. Complex or disputed cases can cost significantly more.

What Happens If You Don’t Serve Notice?

If you carry out notifiable works without serving notice, your neighbour can apply to court for an injunction to stop the works. The court will usually require the party wall process to be retrospectively followed, which can significantly delay and increase the cost of your project.

Store your party wall notices, consents, and awards in your Property Passport. They will be requested by buyers’ solicitors during conveyancing.