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Party Wall Act at a glance
The Party Wall etc. Act 1996 is the legal process for telling neighbours about certain building works and resolving disputes before the works start.
- It applies in: England and Wales.
- It commonly affects: loft conversions, rear extensions, basement works, chimney breast removals, steel beam insertions and excavations near neighbouring properties.
- It is separate from: planning permission and Building Regulations.
- Typical notice periods: 2 months for party-structure works; 1 month for line-of-junction and excavation notices.
- If there is a dispute: an Agreed Surveyor or two appointed surveyors prepare a Party Wall Award.
The Party Wall etc. Act 1996 helps building owners carry out certain works while protecting neighbouring properties. In simple terms, it says when you must notify your neighbours, how long they have to respond, and what happens if they do not agree.
In London, the Act is commonly relevant to terraced houses, semi-detached properties, flats, mansion blocks, extensions, loft conversions and basement projects. If your works affect a shared wall, a boundary wall, a party structure, or involve excavation close to a neighbour’s foundations, you may need to serve a valid Party Wall Notice before work begins.
What is the Party Wall Act?
The Party Wall Act is a statutory procedure for certain works on or near neighbouring property. It does not normally stop lawful building works from happening. Instead, it creates a clear process so that neighbours are informed, risks are recorded, and disputes are resolved by appointed surveyors where needed.
The person carrying out the works is usually called the Building Owner. The neighbour, freeholder, leaseholder or other relevant owner affected by the works is usually called the Adjoining Owner.
When does the Party Wall Act apply?
The Act usually needs to be considered where your project falls into one or more of these three categories:
| Notice type | Typical works | Minimum notice period |
|---|---|---|
| Section 1: Line of Junction Notice | Building a new wall at or astride the boundary line. | Usually 1 month |
| Section 2: Party Structure Notice | Cutting into, raising, underpinning, repairing, demolishing or altering an existing party wall or party structure. | Usually 2 months |
| Section 6: Adjacent Excavation Notice | Excavating within 3 metres or 6 metres of a neighbouring building where the Act’s depth rules are met. | Usually 1 month |
Notice periods are general guidance. Some projects need more than one notice type, and works should not be started before the correct procedure has been followed.
Common London projects that may need Party Wall Notices
Many ordinary home improvement projects can trigger the Act, especially where London properties are close together or share structural elements. You should take advice early if you are planning:
- A loft conversion involving steel beams, cutting into a party wall, raising a party wall or work to a shared chimney.
- A rear extension with foundations near a neighbour’s house, extension, conservatory or outbuilding.
- Basement works, underpinning or deeper excavation close to adjoining structures.
- Chimney breast removal where the chimney is on or connected to a party wall.
- A new wall at or near the boundary, including a garden wall or extension flank wall.
- Excavations for new foundations close to a neighbouring building or structure.
Party Wall Act explained simply: the process
The process is usually easier to understand as a sequence:
-
Check whether the Act applies
Your drawings, structural details and proposed foundations are reviewed to identify whether the works are notifiable. -
Serve the correct Party Wall Notice
The Building Owner, or a surveyor acting with written authority, serves notice on all relevant Adjoining Owners. -
Your neighbour responds
They can consent, dissent and appoint their own surveyor, or dissent and agree to use one Agreed Surveyor. -
If there is a dispute, surveyors are appointed
A “dispute” under the Act does not necessarily mean an argument. It usually means the surveyor procedure is now needed. -
A Party Wall Award is agreed
The Award sets out how the works should be carried out and what protections apply. -
Works proceed under the Award
Once the Award is served and any relevant appeal period has passed, the notifiable works can usually proceed in accordance with the Award.
What is a party wall?
A party wall is usually a wall shared by two properties. It may stand astride the boundary, form part of one or more buildings, or stand wholly on one owner’s land but be used by both owners to separate their buildings.
A party fence wall is usually a masonry boundary wall standing astride the boundary, such as a garden wall. Timber fences and hedges are not party fence walls.
For a more detailed explanation, read: What is a party wall?
What is a party structure?
A party structure is wider than a party wall. It can include a wall, floor, partition or other structure separating buildings or parts of buildings in different ownership. This is particularly relevant in London flats, maisonettes and converted houses.
Related guide: Party wall vs party structure — what’s the difference?
Is a Party Wall Notice the same as a Party Wall Agreement?
Not quite. A Party Wall Notice is the formal document served at the start of the process. A “party wall agreement” is often used by homeowners as a general phrase for the neighbour’s written consent or the final Party Wall Award.
If the neighbour consents in writing, there may be no need for a Party Wall Award at that stage. If they dissent or do not respond where the Act treats this as a dispute, surveyor appointments are needed and the matter is resolved by a Party Wall Award.
Related guide: What is a Party Wall Agreement?
How can a neighbour respond to a Party Wall Notice?
Once a valid notice is served, the Adjoining Owner usually has three practical options:
- Consent in writing — the works can usually proceed after the relevant notice period, or sooner if the neighbour agrees in writing.
- Dissent and appoint their own surveyor — the Building Owner’s surveyor and the Adjoining Owner’s surveyor agree the Award.
- Dissent and agree to one Agreed Surveyor — one impartial surveyor acts for both owners under the Act.
If you have received a notice and need advice, see our Adjoining Owner Surveyor services.
What happens if my neighbour ignores the notice?
The answer depends on the notice type.
- For Party Structure Notices and Adjacent Excavation Notices: if the Adjoining Owner does not respond in writing within 14 days, a dispute is usually deemed to have arisen and surveyors are appointed.
- For a new wall astride the boundary: if the Adjoining Owner does not consent in writing, you cannot simply build the wall astride the boundary. You may need to build wholly on your own land instead.
- For a new wall wholly on your own land: if the correct notice has been served, the work can usually start after the one-month notice period, subject to the specific facts.
If you are already in a difficult situation, read more about Party Wall dispute resolution.
What is a Party Wall Award?
A Party Wall Award is a legal document prepared by the appointed surveyor or surveyors. It records the notifiable works, sets out how they should be carried out, and deals with practical safeguards such as access, working methods, protection, making good damage and surveyor costs.
The Award is designed to protect both sides: it allows the Building Owner’s project to proceed while giving the Adjoining Owner a clear record of what has been authorised under the Act.
Why is a Schedule of Condition important?
A Schedule of Condition is a written and photographic record of the adjoining property before works begin. It is not always a strict legal requirement, but it is strongly recommended for many London projects.
It helps avoid arguments about whether cracking, movement or other damage existed before the works. For higher-risk projects, such as basement excavations, a more detailed basement Schedule of Condition may be required.
Party Wall Act, planning permission and Building Regulations
The Party Wall Act is separate from planning permission and Building Regulations. This is a common source of confusion.
- Planning permission deals with whether the development is acceptable in planning terms.
- Building Regulations deal with technical standards for design and construction.
- The Party Wall Act deals with notifying neighbours and resolving disputes for specific works on or near shared structures and boundaries.
You may need all three depending on the project.
Typical fixed fees from Hourican Associates
Party Wall Notice Service: £150 + VAT per adjoining owner.
Schedule of Condition Surveys: £385–£585 + VAT depending on the works and size of property.
Basement Schedule of Condition: priced separately because basement works often require a more detailed inspection of the entire adjoining property.
Full Party Wall Award service: typically £1,100–£1,500 + VAT, depending on the property and project size.
Why choose Hourican Associates?
Hourican Associates are a Chartered Building Consultancy specialising in Party Wall surveying across London. We help Building Owners serve valid notices, advise Adjoining Owners who have received notices, prepare detailed Schedules of Condition, and agree Party Wall Awards where required.
- Chartered Building Consultancy specialising in Party Wall matters.
- Fully qualified members of the FPWS and Pyramus & Thisbe Club.
- Regulated by RICS, CIOB and MCABE.
- Clear fixed-fee options for notices, surveys and Awards.
- London-focused advice for terraced houses, flats, extensions, lofts and basement works.
Useful related guides
- Party Wall Notice explained
- Party Structure Notice explained
- When do I need a Party Wall Agreement?
- Do you need a Party Wall Agreement for a loft conversion?
- Basement conversion Party Wall guide
- Free Party Wall Notice templates
Frequently Asked Questions
Need Party Wall advice in London?
Hourican Associates can review your plans, confirm whether the Party Wall Act applies, serve the correct notices and manage the Award process where needed. We work across London for homeowners, developers, architects and adjoining owners.
Get Free Party Wall Advice
Richard Hourican, Company Director
BSc (Hons). HND Build. MCIOB. C.Build E MCABE. ARICS. MFPWS. MPTS
As a specialist Party Wall surveyor, Richard Hourican will protect your interests during building works.
Are you planning a building project – perhaps an extension, loft conversion or basement – that is on or adjacent to your property’s boundary line? Or has a ‘Party Wall’ notice dropped on the doormat informing you of a neighbour’s impending works?
It’s essential to understand all the implications of building plans. If you don’t, it could cost thousands. Our job is to ensure everything is done correctly – and that it doesn’t!
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