What is the Party Wall Act?
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Party Wall Act at a glance (London)
- What it is: The Party Wall etc. Act 1996 is the legal process for notifying neighbours and managing risk/disputes for certain works on or near shared walls and boundaries in England & Wales.
- Typical works: cutting into/altering a party wall or party structure, building a new wall at the boundary, and certain excavations within 3m / 6m of a neighbour.
- Minimum notice periods: often 2 months (party structure works) or 1 month (line of junction / excavation), depending on the work type.
- Neighbour responses: consent, dissent with their own surveyor, or dissent and use an Agreed Surveyor.
- If there’s a dispute: surveyor(s) agree a Party Wall Award and a Schedule of Condition is usually recommended.
The Party Wall etc. Act 1996 sets out a formal process for notifying neighbours and resolving disputes when certain building works affect a shared wall, boundary wall, or involve excavation near a neighbouring property. It applies in England and Wales and is commonly triggered by London home improvement projects such as loft conversions, rear extensions and basement works.
What the Party Wall Act does (and why it matters)
The Party Wall Act doesn’t just cover works to a “party wall”. It applies to a range of building works on or close to a boundary and sets out the rights and duties of the owner undertaking the works (the “building owner”) while providing protection to those who might be affected (the “adjoining owners”). It is widely regarded as an Act of enablement — it provides a clear legal route for works to proceed, while putting safeguards in place to reduce damage risk and resolve disputes.
Party Wall Act explained simply
In plain terms, the Act helps you carry out lawful building work while protecting your neighbour’s property. It does this by requiring the correct Party Wall Notice(s), setting minimum timeframes, and (where there is dissent or no consent) providing a dispute-resolution mechanism via appointed surveyor(s) who produce a Party Wall Award.
What work does the Party Wall Act cover?
The Act provides a procedure to follow when building work involves:
- Cutting into a party wall / party structure (common in London loft conversions and structural alterations)
- Excavations close to neighbouring buildings (typical for extensions and basements) — see party wall excavations advice
- New walls at boundaries — see boundary and line-of-junction guidance
Key timeframes you need to know
- Minimum notice periods: typically at least 2 months for works to an existing party wall/party structure, and at least 1 month for new boundary walls (line of junction) and notifiable excavations.
- Neighbour response: adjoining owners are expected to respond in writing; where the statutory procedure treats a dispute as having arisen, surveyor(s) are appointed and an Award is agreed before relevant works proceed.
- London practical tip: serve notices early — design changes, multiple freeholders/leaseholders, and neighbour availability can add time.
What is a Party Wall?
Party walls usually separate buildings belonging to different owners, but they can also include certain boundary walls. The Act recognises three broad types:
- (a) A wall that stands on the lands of two (or more) owners and forms part of a building — this can be part of one building only or separate buildings belonging to different owners.
- (b) A wall that stands on the lands of two owners but does not form part of a building, such as a garden wall built astride the boundary (often called a party fence wall) — not including timber fences.
- (c) A wall that is on one owner’s land but is used by two (or more) owners to separate their buildings.
Helpful related reading: What is a party wall?
What is a “party structure”?
The Act also uses the expression party structure. This can include a wall, floor partition, or other structure separating buildings or parts of buildings in different ownership — for example between flats. See: Party wall vs party structure — what’s the difference?
If a dispute arises: Party Wall Surveyors, Awards & Schedule of Condition
If a dispute arises between a person doing the work and a neighbour, surveyor(s) appointed under the Act resolve matters by agreeing a Party Wall Award. In practice, surveyors consider the proposed works, the information provided (such as drawings and construction details), and set out safeguards, access arrangements (where lawful), and procedures for dealing with damage.
A Schedule of Condition (a detailed written and photographic record of the adjoining property’s condition) is normally taken before works begin. This helps ensure that if damage is caused it can be identified and made good. See: Schedule of Condition Surveys in London (and for high-risk projects: Basement Schedule of Condition).
Issuing Party Wall Notices (the first step)
The workings of the Act are instigated by issuing valid notices — this is the first stage of the process and, without valid notices, no further action can be taken under the Act’s procedure. It is essential to include correct details, because if notices are invalid, later steps can also be undermined.
If you want help serving notices correctly, see: Party Wall Notices in London (or start here: online quote).
Responses to Party Wall Notices
On receipt of a notice, an adjoining owner typically has three possible courses of action:
- (a) Consent to the works as described. A consenting adjoining owner retains rights under the Act and may raise concerns later if needed.
- (b) Dissent and appoint their own surveyor to review proposals and agree the terms of an Award. (See: Adjoining Owner Surveyor services)
- (c) Dissent and agree to use one surveyor as an Agreed Surveyor acting for both owners.
What if my neighbour does not respond within 14 days?
Where the statutory procedure treats a dispute as having arisen (commonly with notifiable works to existing party walls/structures and notifiable excavations), surveyor(s) must be appointed to resolve the matter by Award. If an adjoining owner does not appoint a surveyor after being requested to do so, a surveyor can be appointed on their behalf under the Act’s dispute procedure. If you’re dealing with a difficult situation, see: Party Wall dispute resolution.
How long can my neighbour take to respond?
If adjoining owners dissent to the works (or where the statutory procedure treats a dispute as having arisen) then a “dispute” exists which must be resolved before relevant works can commence. It is worth reiterating that the Act is designed to provide a route for works to proceed with safeguards in place — it is not intended to prevent lawful works from taking place.
Downloadable guides (PDFs)
For even more information on Party Walls, please refer to the documents below:
- Our Party Wall Guidance for Clients & Consultants (PDF)
- RICS: Party Walls (PDF)
- RICS: Consumer guide to Party Walls (PDF)
- RICS: Boundary disputes (PDF)
- FPWS: Party Wall explanatory leaflet (PDF)
- Government explanatory booklet (PDF)
- The Party Wall etc. Act 1996 (PDF)
- Party Wall Service Terms & Conditions (PDF)
Typical fixed fees (Hourican Associates – London)
Party Wall Notice Service: £150 + VAT per adjoining owner
Schedule of Condition Surveys: £385–£585 + VAT (size/works dependent; basements priced separately)
Full Party Wall Award (notice + survey + agreed award): £1,100–£1,500 + VAT (project dependent)
Frequently Asked Questions
Need Party Wall help in London?
Hourican Associates are a Chartered Building Consultancy specialising in Party Wall matters across London. We provide fixed-fee notices, detailed Schedules of Condition, and Party Wall Awards where required—helping projects progress while protecting neighbour relations.
Get Free Party Wall AdviceThis page is general guidance and is not legal advice. The Party Wall etc. Act 1996 can be fact-sensitive and only a court can give an authoritative interpretation.
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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