The Party Wall etc. Act 1996

What is the Party Wall Act?

The Party Wall etc. Act 1996 is a piece of legislation that applies in England and Wales. It provides a legal framework to prevent and resolve disputes between neighbours when one party wants to carry out building works that affect a shared wall, boundary, or excavation near an adjoining property.

The Act requires the person carrying out the works (the "Building Owner") to notify their neighbours (the "Adjoining Owners") before work begins, and to give them an opportunity to consent or dissent.

When does it apply?

The Act applies in three main scenarios:

• Section 1: Building a new wall on or at the boundary line between two properties • Section 2: Works to an existing party wall or party fence wall, such as raising the height, cutting into it, or underpinning it • Section 6: Excavating within 3 metres of a neighbouring building (or 6 metres if the excavation will be deeper than the neighbour's foundations)

Common projects that trigger the Act include rear and side extensions, loft conversions, basement excavations, and new builds close to a boundary.

What happens if you ignore it?

Failing to serve a party wall notice before starting work is not a criminal offence, but it carries serious civil consequences. Your neighbour can apply to the courts for an injunction to stop the works entirely, even if construction has already started. You may also be held liable for any damage caused.

In practice, many lenders and conveyancers now require evidence of proper party wall compliance when a property is sold after building works have been carried out.

What is a Party Wall Award?

If your neighbour dissents (objects) to the notice, or fails to respond within 14 days, a dispute is deemed to have arisen under the Act. At this point, surveyors must be appointed to produce a Party Wall Award.

The Award is a legally binding document that sets out the rights of both parties, specifies the permitted works, defines working hours, and establishes a baseline record of the adjoining property's condition (via a Schedule of Condition) to resolve any future claims of damage.

What is an Agreed Surveyor?

The most efficient and cost-effective route under the Act is for both the Building Owner and the Adjoining Owner to jointly appoint a single Agreed Surveyor. This surveyor acts impartially for both parties and prepares a single Award.

At Party Wall Online, we proactively approach your neighbours to explain the process and encourage an Agreed Surveyor appointment. It saves time and money for everyone involved.

Surveyor appointments and the dispute process

When a dispute arises, whether because a neighbour dissents or because they fail to respond within 14 days, the Act sets out a clear process for resolving it through surveyor appointments.

Both parties must either agree to share a single Agreed Surveyor, who acts impartially for both, or each appoint their own surveyor. Where two surveyors are appointed, they are also required to jointly select a Third Surveyor at the outset, though in most cases the Third Surveyor is named but never called upon.

Once appointed, a party wall surveyor's duty is to the Act and to the Award, not exclusively to the party who instructed them. A surveyor cannot simply be dismissed because one party dislikes their stance. This independence is fundamental to the regime; it ensures that the process remains fair regardless of which side has more leverage.

The outcome of the process is a Party Wall Award: a legally binding document that sets out the permitted works, the conditions under which they must be carried out, and the protections afforded to the adjoining property. Either party can appeal an Award to the county court within 14 days of it being served if they believe it is wrong in law or fact.