The Party Wall Act 1996: What Homeowners Need to Know

The Party Wall etc. Act 1996 is an Act of Parliament that provides a framework for preventing and resolving disputes about building work that affects party walls, boundary walls, and neighbouring structures.

The Act applies throughout England and Wales. It is separate from planning permission and building regulations — you may need to comply with the Party Wall Act even if your project is permitted development and does not need planning permission.

The key principle is simple: if your building work affects (or could affect) your neighbour’s property, you must tell them in advance by serving a formal notice.

Section 1 applies when you want to build a new wall on or at the line of junction (the boundary) between your property and your neighbour’s. This includes:

• Building a new wall astride the boundary line (a new party wall)
• Building a new wall entirely on your own land but up to the boundary line

You must serve a Section 1 notice at least 1 month before starting work. Your neighbour has 14 days to respond with consent or dissent.

Section 2 applies to work on an existing party wall or party structure. This is the most commonly triggered section and covers a wide range of works:

• Cutting into a party wall (for example, to insert a steel beam for a loft conversion)
• Raising or extending a party wall
• Lowering a party wall
• Demolishing and rebuilding a party wall
• Underpinning a party wall
• Making good, repairing, or weatherproofing a party wall

You must serve a Section 2 notice at least 2 months before starting work. Your neighbour has 14 days to respond.

Section 6 applies when you plan to excavate near a neighbouring building. It is triggered in two scenarios:

• Within 3 metres: any excavation within 3m of a neighbouring structure that goes below the bottom of that structure’s foundations
• Within 6 metres: any excavation within 6m of a neighbouring structure where a 45-degree line drawn downwards from the bottom of that structure’s foundations would pass through the proposed excavation

Section 6 commonly applies to rear extension foundations, basement excavations, and underpinning work. You must serve a Section 6 notice at least 1 month before starting work.

The party wall notice process works as follows:

1. Identify which sections apply — use our free party wall calculator to check
2. Serve notices on all adjoining owners — notices must be in writing and contain specific information including a description of the proposed works. They should be served by hand (with a dated record), by recorded delivery post, or (if the neighbour agrees) by email
3. Wait for a response — your neighbour has 14 days to respond with consent, dissent, or a counter-notice
4. If your neighbour consents — you can proceed with the work. No surveyor is needed
5. If your neighbour dissents or does not respond — a dispute is deemed to have arisen and the surveyor process begins

If your neighbour dissents (or does not respond within 14 days and is then served a further notice), you must appoint a party wall surveyor. The surveyor process works as follows:

• Each party appoints their own surveyor, or both parties agree to appoint a single agreed surveyor
• The surveyor(s) prepare a Party Wall Award — a legally binding document that sets out the work to be done, a schedule of condition of the neighbour’s property, timing, access arrangements, and any protective measures
• The building owner (you) typically pays the surveyor fees for both sides

Most disputes are resolved through the surveyor process without going to court. The Award protects both you and your neighbour.

You only need a surveyor if your neighbour dissents or fails to respond. If all neighbours consent, no surveyor is required.

Typical surveyor costs:

• Agreed surveyor (acting for both parties): £1,000–£2,000
• Two surveyors (one for each party): £1,500–£3,000+ combined
• Simple matters (e.g. Section 6 only, no significant structural work): lower end of range
• Complex matters (e.g. basement excavation, significant structural alterations): higher end

As the building owner, you are responsible for paying reasonable surveyor fees for both your surveyor and your neighbour’s surveyor.

A Party Wall Award (sometimes called a "party wall agreement") is a legally binding document prepared by the surveyor(s). It typically includes:

• Description of the proposed works
• Schedule of condition — a photographic and written record of the current state of your neighbour’s property
• Timing and working hours
• Access arrangements
• Any protective measures required
• Provision for making good any damage

Either party can appeal a Party Wall Award to the county court within 14 days of it being served, but this is rare.