The Party Wall Act 1996
The Party Wall Act doesn't just cover works to a Party Wall (a wall separating two properties or built astride a boundary), it applies to various building works on or close to a boundary. It sets down the rights & duties of owners undertaking such works and provides protection to the adjoining owners.
If a dispute arises between a person doing work and a neighbour a Party Wall Surveyor (or two Surveyors) must make a Party Wall Award to resolve the dispute. The surveyor's duty is to examine the proposed works and ensure that they are properly designed and are executed in a manner which is not likely to cause damage to adjoining buildings or property. A detailed record of the condition of the adjoining property is normally made so that if damage is caused it can be identified and made good.
The Party Wall Act 1996 provides a procedure to follow when building work involves:
- Cutting into a party wall
- Excavations close to neighbouring buildings
- New walls at boundaries
The Act permits owners to carry out certain specific works whilst at the same time protecting the interests of anyone who might be affected by that work. It makes sure property owners notify their neighbours in advance of certain proposed works and provides a mechanism for resolving disputes and enabling works to proceed.
What is a Party Wall?
Party walls usually separate buildings belonging to different owners but could include garden walls built astride a boundary – known as party fence walls. There are three types of party wall:
a). a wall that stands on the lands of 2 (or more) owners and forms part of a building – this wall can be part of one building only or separate buildings belonging to different owners
b). a wall that stands on the lands of 2 owners but does not form part of a building, such as a garden wall but not including timber fences
c). a wall that is on one owner’s land but is used by 2 (or more) owners to separate their buildings
The Act also uses the expression ‘party structure’. This could be a wall or floor partition or other structure separating buildings or parts of buildings in different ownership, such as in flats.
Issuing Party Wall Notices
The workings of the Act are always instigated by the of issuing notices. This is the first stage of the process and, without the issue of valid notices, no further action can be taken under the provision of the Act.
It is essential to include the correct details on a notice as, if they are deemed invalid, then any subsequent actions are also invalid.
Responses to Party Wall Notices
On receipt of a notice, an adjoining owner has three possible courses of action:
a). To consent to the works going ahead as described. A consenting Adjoining Owner retains all rights under the Act including the right to dissent later in the process.
b). To dissent and appoint a surveyor to check the plans, structural implications and agree the terms of an award (the document that sets out the terms under which work can begin).
c). To dissent and appoint us as an ‘agreed’ surveyor. As point two above but we would act on behalf of both parties.
If the Adjoining Owner does not respond within 14 days then a deemed dispute is said to have occurred and the person carrying out the work must appoint a surveyor to act on the Adjoining Owners behalf.
How long can my neighbour take to respond?
If adjoining owners dissent to the works (or if no response is received and a deemed dissent has arisen) then a ‘dispute’ has occurred which must be resolved before work can commence. It is worth reiterating that the Act is one of enablement, it is not there to prevent works from taking place and it offers a route to end disputes at every stage. Where surveyors are involved, they will work together to agree the terms under which work may proceed and will draw up an agreement which sets out the terms under which the work can be carried out (the Award).
Generally, the building owner who is carrying out the work pays for all expenses, this will include the surveyors fees for both Building Owner and Adjoining Owner.
For even more information on Party Walls, please refer to the documents below:
- Our Party Wall Guidance for Clients & Consultants
- RIC's Party Walls
- RIC's consumer guide to Party Walls
- RIC's boundary disputes
- FPWS Party Wall explanatory leaflet
- The Governments Party Wall explanation guide
- The entire Party Wall Act legislation 1996
Our party wall services
Our Party Wall services are designed to legally & professionally conduct surveys for our clients ensuring any building works that affecting their building or their neighbours building are compliant with the Party Wall Act.
Building Owners Surveyor Services
Planning building works? Our Building Owner Surveyor service ensures notices are valid, surveys are completed professionally, and Awards are finalised efficiently—minimising delays to your project.
Agreed
Surveyor
Appointing an agreed surveyor can streamline the Party Wall process, reduce costs, and keep things neighbourly. Hourican Associates act impartially for both owners to produce a fair and fully compliant Party Wall Award.
Adjoining Owner
is Surveyor
If you’ve received a Party Wall Notice, our Adjoining Owner Surveyor service protects your property, ensures accurate documentation, and secures a robust Award before works begin next door.
Schedule of Condition Survey
A Schedule of Condition records neighbouring property condition before construction, helping avoid disputes and providing vital photographic and written evidence.
Party Wall
Notice
We prepare and serve legally valid Party Wall Notices, ensuring your project starts correctly and reducing the risk of disputes or delays.
Party Wall
Award
We prepare legally binding Party Wall Awards covering access, protections, timings and neighbour safeguards—ensuring your project proceeds smoothly and compliantly.
Party Wall Dispute Resolution
When neighbours disagree, our experienced surveyors provide expert dispute resolution, ensuring the Party Wall Act is followed and both properties remain protected.
Basement Schedule of Condition Survey
Our detailed SOC surveys document the exact condition of adjoining properties before basement works begin—providing essential protection for all parties.
Basement Party Wall Survey
Basement excavations require specialist protection measures. Our surveyors deliver detailed assessments, SOCs, and Awards tailored to complex below-ground works.
Loft Conversion Party Wall Survey
Loft conversions often trigger Party Wall requirements. We handle notices, surveys, and Awards to safeguard both owners and keep your project on schedule.
Rear Extensions Party Wall Survey
We guide homeowners through the Party Wall requirements for rear extensions, from serving notices to securing Awards and protecting adjoining properties.
Chimney Removal Party Wall Survey
Removing a chimney breast? We manage the full Party Wall process, ensuring structural safety, neighbour consent, and a compliant Award tailored to your project.
Excavations Party Wall Survey
Any excavation within 3m or 6m of a neighbour’s property requires careful assessment. We provide compliant notices, SOCs and Awards for safe excavation works.
Boundaries Party Wall Survey
Boundary-related building works can be complex. Our surveyors provide expert advice, measurements, and Awards to keep projects compliant and neighbourly.
Party Wall Structure Survey
We assess the condition and structural integrity of shared walls to prevent disputes and ensure safe construction in line with the Party Wall Act.
Drone Roof Surveys
Our drone roof surveys safely capture high-resolution imagery of roofs, chimneys and parapets—ideal for defect analysis and pre-construction documentation with zero disruption.
Our most recent customer testimonials
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