The Party Wall Award: What It Is, How to Get One, and What It Costs

**The Party Wall etc. Act 1996** governs three types of notifiable works that affect or are near shared boundaries:

**Section 1 — New walls on or at the boundary line**: Building a new wall astride (on both sides of) the party line, or building up to the boundary (a new wall on your side but with foundations that extend to the boundary). Relevant for side extensions built up to or astride the boundary.

• **Section 2 — Works to an existing party wall or party structure**:
• These are the most common notifiable works in London residential projects:
• •Cutting into the party wall (to insert a steel beam or joist pockets — standard for rear extensions and loft conversions in terraced houses)
• •Raising the party wall
• •Underpinning any part of the party wall
• •Demolishing and rebuilding the party wall
• •Making good, securing, or cutting into the party fence wall
• •Exposing the party wall to weather by removing an adjoining building
• •Any works that weaken the party wall

• **Section 6 — Excavations within 3m or 6m of a neighbour's structure**:
• •Excavations within 3m of a neighbouring structure, where the excavation goes deeper than the bottom of the neighbour's foundations (the '3m notice')
• •Excavations within 6m of a neighbouring structure, where the excavation would intersect a line drawn at 45° from the base of the neighbour's foundations (the '6m notice')

For a typical London Victorian terrace extension with strip foundations at 1.0–1.5m depth, both the 3m and 6m notices are frequently triggered.

• **What doesn't need a party wall notice**:
• •Drilling into the party wall to insert plugs for a TV bracket, shelf, or picture hook (not a notifiable work)
• •Painting or decorating the face of the party wall (your side only)
• •Building a garden shed or outbuilding that doesn't affect the party wall or involve deep excavations
• •Adding a gate or fence that doesn't involve work to or at the party wall

**Practical starting point**:

For any project involving a rear extension (Section 2 for any joist pocket or steel bearing on the party wall; Section 6 for the new strip foundations), loft conversion (Section 2 if the loft floor joists bear on the party wall), basement (Section 6 almost certainly; Section 2 if the basement walls are party walls), or chimney breast removal on the party wall (Section 2), a Party Wall notice must be served before works begin. There is no prescribed form, but the notice must include the information specified in the Act.

**Step 1 — Serve the notice**:

• The building owner (the person carrying out the works) must serve a written notice on each adjoining owner (the neighbour) at least:
• •1 month before works begin for Section 1 and Section 2 notices
• •2 months before works begin for Section 6 notices

The notice must state: the building owner's name and address; the address of the building where works are proposed; a description of the proposed works; the proposed start date.

Notices can be served personally (hand-delivered), by post (first class), or by a party wall surveyor — there is no requirement to use a professional for service, but using a surveyor ensures the correct form and method.

**Step 2 — The neighbour's response (14 days)**:

The adjoining owner (neighbour) has 14 days from service of the notice to respond:

• •*Consent*: The neighbour consents to the works in writing. No award is required — the works can proceed on the agreed terms. Consent should be confirmed in a signed letter stating that the adjacent owner consents to the proposed works.
• •*Dissent with joint surveyor*: The neighbour agrees to share a single agreed surveyor — this is called a 'joint surveyor appointment' or 'agreed surveyor'. The single surveyor acts for both parties. This is the most cost-effective route (one fee shared between both parties).
• •*Dissent with their own surveyor*: The neighbour appoints their own surveyor — the building owner must also appoint a surveyor; the two surveyors then appoint a 'third surveyor' who acts as umpire if the two cannot agree.
• •*No response*: If the neighbour does not respond within 14 days, the building owner serves a 'counter notice' and the notice period is deemed to run — the dispute procedure is triggered automatically and the building owner must appoint a surveyor.

**Step 3 — The award is prepared and served**:

• The surveyor(s) prepare the party wall award. The award:
• •Describes the works to be carried out
• •May include a Schedule of Condition of the neighbour's property (a photographic record of the condition of internal and external surfaces before works begin — this protects both parties in the event of a dispute about damage caused by the works)
• •Sets out any conditions on the manner in which the works are to be carried out (permitted working hours, vibration limits, noise management, site access for the surveyor)
• •Specifies who is responsible for any damage arising from the works
• •May regulate access to the neighbour's property for the purposes of the works

Once served, the award is binding on both parties and the works can proceed in accordance with the award.

**Step 4 — Notification of completion**:

On completion of the relevant works, the building owner typically informs the adjoining owner and the surveyor(s) — the award usually specifies this. If any damage occurred, it should be notified and made good under the award provisions.

**Timeframe**:

The minimum notice period is 1–2 months (depending on the section). In practice, the surveyor appointment, inspection, and award preparation take a further 4–8 weeks. Total party wall process: typically 6–12 weeks from notice service to award — this must be built into the project programme.

**Who pays?**

The building owner (the person carrying out the works) pays the costs of the award — including both the adjoining owner's surveyor's fees. This is a statutory requirement under the Act. If the neighbour appoints an expensive surveyor, the building owner must pay those fees unless they are 'unnecessary' (which is very difficult to challenge in practice).

• Typical surveyor fees:
• •*Agreed surveyor (single appointment)*: £700–£1,500 total for a standard residential project
• •*Two surveyors*: Each party's surveyor charges separately — £700–£1,500 per surveyor; the building owner pays both, so total £1,400–£3,000
• •*Third surveyor*: Only if the two surveyors cannot agree on an element of the award; additional fee £800–£2,000 for the third surveyor's time

For complex or contentious projects (basements, significant structural works), fees can be substantially higher.

**What a party wall award protects**:

• For the building owner:
• •A right to carry out the notifiable works — even if the neighbour objects (the Act overrides neighbour objection; the award regulates how works are done, not whether they can be done)
• •Protection from retrospective claims about damage that existed before the works began (the Schedule of Condition is the evidence of pre-existing condition)
• •A defined process for resolving disputes during the works

• For the adjoining owner:
• •Protection of their structure from damage during works
• •A Schedule of Condition recording the pre-existing state of their property
• •Rights of access for their surveyor to inspect works
• •A mechanism to claim for damage caused by the works
• •Rights to require works to be done in a particular way or at particular times if the award specifies conditions

**Common pitfalls and how to avoid them**:

*Starting works without serving notice*: This is the most serious error. If works are started without a party wall notice and without an award, the adjoining owner can apply for an injunction to stop the works — an injunction will halt the project while legal proceedings are ongoing, and the building owner will typically be ordered to pay the neighbour's legal costs. Even if the works are already complete, starting without notice removes the protection of the Act and makes the building owner vulnerable to claims for alleged damage.

*Serving notice too late*: A 1-month or 2-month statutory notice period cannot be shortened. If notice is served when the build programme has already started on site, the contractor must wait for the notice period to expire and the award to be served before beginning notifiable works — even if the foundations are being poured a few weeks into the project.

*Assuming the neighbour will consent*: Many neighbours who initially indicate they will consent change their minds or simply fail to reply within 14 days — which triggers the dispute procedure automatically. Do not programme the project on the assumption of consent unless it is received in writing.

*Not commissioning a Schedule of Condition*: Without a Schedule of Condition, any crack or defect discovered after the works are complete could be attributed to the works regardless of whether it pre-existed. A photographic Schedule of Condition (typically included in the award or as an annex) is the evidence that protects the building owner against spurious claims.

*Using the party wall award as a planning or Building Regs substitute*: The party wall process is entirely separate from planning permission and Building Regulations. A party wall award does not give you permission to build something that would not otherwise be permitted.