The Party Wall Act: notices, neighbours and surveyors before building work
By the Offrano editorial team · · 4 min read
Loft conversions, rear extensions and chimney breast removals in terraced and semi-detached houses often touch a wall that belongs to two households. In England and Wales, the Party Wall etc. Act 1996 sets out what you must tell your neighbour, when, and what happens if you cannot agree. It is separate from planning permission and Building Regulations, and it catches out homeowners who assume that approval from the council covers everything. This guide walks through the process in the order it happens.
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What counts as a party wall
A party wall stands on the land of two or more owners. It can be part of a building, such as the wall between two terraced houses, or stand alone, such as a garden wall; wooden fences do not count. A wall on one owner's land that separates buildings used by different owners is also a party wall. Floors and other structures that separate parts of a building in different ownership, typically between flats, are 'party structures'.
The Act applies in England and Wales. Scotland has different rules, and there is no equivalent notice procedure under this Act there.
Source: gov.uk
Work that needs a notice
You must tell your neighbour if you plan to build on or at the boundary between your properties, work on an existing party wall or party structure, or dig below and near the foundations of their property. Government guidance gives examples: building a new wall, cutting into a party wall, making it taller, shorter or deeper, removing chimneys from it, or knocking it down and rebuilding it.
Minor work does not need a notice. Plastering, replacing wiring or sockets and drilling to put up shelves or cabinets are given as examples.
- loft conversions with steel beams bearing on the party wall
- removing a chimney breast attached to a party wall
- rear extensions built up to the boundary
- basements or deep foundations near a neighbour's house
- raising a party wall for a mansard or dormer
Source: gov.uk
Giving notice: timing and content
Notice must be given between two months and a year before you plan to start work, and it should describe what you intend to do. The government's explanatory booklet contains letter templates. Talking to your neighbour first, before the formal notice arrives, often makes everything that follows easier, but any agreement you reach should be in writing.
Your neighbours cannot stop lawful changes to your property, but they can influence how and when the work is carried out. Build the notice period into your programme: a builder who can start next week is no help if the party wall process has not begun.
How a neighbour can respond
Once notice is served, the neighbour can consent in writing, refuse consent, or serve a counter notice asking for additional work to be done at the same time, which they pay for if it benefits them. They must reply in writing within 14 days, and a counter notice must be served within a month of the first notice.
Silence is not agreement. If the neighbour does not respond within the time allowed, the dispute resolution process starts, just as it does if they refuse.
Source: gov.uk
Surveyors and the party wall award
If you cannot agree, a surveyor has to be appointed. You and your neighbour can appoint one surveyor together, or each appoint your own. You cannot act as your own surveyor. If the neighbour refuses or fails to appoint one, you can appoint a surveyor on their behalf.
The surveyors agree a party wall award, a legal document stating what work should happen, how and when, and who pays for which part, including surveyors' fees. Either side can appeal to the county court within 14 days of receiving the award. As the owner starting the work, you normally pay for it, though a neighbour may share costs where work is needed because of defects or lack of repair, or where they asked for extra work.
Source: gov.uk
During the work
You must avoid causing unnecessary inconvenience, protect your neighbour's property from damage and fix or pay for any damage caused. Your neighbour must allow surveyors and workers access during usual working hours, with 14 days' notice except in an emergency. A record of the condition of the neighbour's property before work starts, often prepared by the surveyors, is the simplest way to avoid arguments later about cracks.
When you ask builders for quotes, say whether party wall matters apply and whether notices have been served. A builder cannot sensibly promise a start date without knowing. On Offrano, your request goes to exactly one builder who buys it; we email you its name, address and phone number before it receives your details, and the service is free for you.
Source: gov.uk