Are You Planning Building Work?

If you are carrying out construction at a property you own and the work affects a shared wall or structure, the Party Wall etc. Act 1996 requires you to notify your neighbour before you begin.

Under the Act, you are the Building Owner, and you have a legal duty to follow the correct process from the moment your plans are formed through to the completion of the works.

You will likely need a Party Wall Agreement if you are planning any of the following works:

Work Affecting an Existing Party Wall or Party Structure

  • Making alterations to a party wall, such as cutting into it to install beams, damp‑proof courses or other structural supports.
  • Strengthening, extending, raising or underpinning a party wall.
  • Carrying out repairs, partial demolition or full reconstruction of a party wall.
  • Removing chimney breasts or similar features that are fixed to a party wall.

Excavation Works Close to a Neighbour’s Property

  • Digging within 3 metres of a neighbouring building when the excavation will go deeper than the neighbour’s foundations
  • Digging within 6 metres where the depth of the excavation would intersect a 45‑degree line drawn from the bottom of the neighbour’s foundations (commonly referred to as the 6‑metre rule)

Constructing a New Wall on the Boundary

  • Building a new wall directly on the boundary line, or building it so that it sits astride the line of junction between two properties.

What Is the Party Wall Process?

It is simpler than most people expect. Here’s how it works:

Serve the Notice(s)

The most important first step is serving a Party Wall Notice on all neighbours whose property may be affected. This notice is limited only to the parts of your project that fall within the Act.

Once your notices are served, your neighbour has 14 days to respond. Their response determines what happens next.

Response 1 – Consent To Works

Your neighbour agrees to the works as stated in the Notice. No dispute has arisen; therefore no surveyors are appointed, and no Party Wall Award is required. Works can commence after the statutory notice period.

Response 2 – Dissent To Works

Your neighbour does not agree with the proposed works or requires assurance on how his property will be protected. A dispute has therefore arisen and surveyors are appointed.

The neighbour can agree to the use of your own surveyor, known in the Act as the Agreed Surveyor, or they may choose to appoint their own who will work alongside your surveyor. The dispute is resolved through the serving of an Award.

The Award is legally binding and can only be appealed within 14 days in the county court.

See the FAQs about whether the neighbour can stop your building works.

Response 3 – No Response

If your neighbour fails to respond within 14 days a dispute is deemed to have arisen. 

In this scenario the Act requires two party wall surveyors to be appointed in order to issue the Award and the second surveyor can be appointed by you as the Building Owner. The two surveyors will work together to ensure that the neighbour’s interests have been cared for, even if they refuse to engage with either party.

What should I do next?

Talk to Scott at Resolve Party Wall Surveyors about the next stages of your project. If your project triggers the Party Wall etc. Act 1996 then we will be glad to help you through it.