What Is the Party Wall Act?
The Party Wall etc. Act 1996 sets out a framework of rights and procedures for works that affect party walls, party floors, party fence walls, and excavations near neighbouring buildings.
It applies throughout England and Wales and is separate from planning permission and Building Regulations.
What Is a Party Wall?
A party wall is a wall that stands astride the boundary between two properties. It includes:
- A wall that separates two buildings (the most common situation in London's terraced and semi-detached housing)
- A wall that stands on the boundary of one owner's land but is used by both owners
A party structure also includes floors and ceilings between flats.
When Does the Party Wall Act Apply?
The Act applies when you intend to:
- Build on or at the boundary line (a Line of Junction Notice)
- Carry out works to an existing party wall — cutting into it, raising it, demolishing and rebuilding it, or excavating near it (a Party Structure Notice)
- Excavate within 3 or 6 metres of a neighbouring building (depending on the proposed excavation depth) — an Adjacent Excavation Notice
Common works that trigger the Act:
- Rear extensions (excavation for foundations, building on or near the boundary)
- Loft conversions where structural beams are inserted into party walls
- Basement conversions
- Underpinning
What Happens When the Act Applies?
Step 1: Serve a Notice
You (the Building Owner) must serve a written notice on your neighbour (the Adjoining Owner) before work begins. The notice period is typically:
- 2 months before starting work (Party Structure Notice)
- 1 month before starting work (Line of Junction Notice or Adjacent Excavation Notice)
Step 2: Neighbour Responds
Your neighbour has two options:
- Consent: Work can proceed (though getting this in writing is advisable)
- Dissent or no response within 14 days: A Party Wall Award is required
Step 3: Appointing Surveyors
If the neighbour dissents, each party appoints a surveyor, or both parties can agree to appoint a single Agreed Surveyor. The surveyors produce a Party Wall Award.
Step 4: Party Wall Award
The Award is a binding legal document that sets out:
- The work to be carried out
- How and when it will be carried out
- Rights of access for inspection
- A Schedule of Condition (photographs of the neighbouring property before works begin)
Who Pays the Party Wall Surveyor's Fees?
In most cases, the Building Owner (the person doing the works) pays the surveyors' fees — including the cost of the Adjoining Owner's surveyor.
Costs typically range from £700 to £2,000 per surveyor, depending on complexity.
Do You Always Need a Solicitor?
No. Party wall surveyors are qualified construction professionals (typically architects, engineers, or surveyors with specialist experience). A solicitor is rarely required unless a dispute escalates beyond the surveyor process.
Common Mistakes to Avoid
- Starting work without serving notice: This is a civil wrong. Your neighbour can obtain an injunction to stop the works.
- Serving notice too late: The statutory notice periods must be observed.
- Assuming verbal agreement is sufficient: Always get consent or a formal Award in writing.
RCB Design & Build
RCB advises clients on party wall obligations at the pre-construction stage and coordinates the notice process on their behalf. We work with specialist party wall surveyors to ensure the process is completed correctly and does not delay the programme.