The Party Wall etc. Act 1996 gives a homeowner who plans certain building work next to a neighbour a set procedure to follow, and gives the neighbour a way to have their say. It applies throughout England and Wales, but not in Scotland or Northern Ireland. This is general information, not legal advice.
What the Act covers in England and Wales
Government guidance describes the Act as a framework for preventing and resolving disputes about party walls, boundary walls and excavations near neighbouring buildings. The person doing the work is the “building owner”; the neighbour is the “adjoining owner”. Three kinds of work are caught:
- new building on or at the boundary of two properties (section 1);
- work to an existing party wall or party structure, such as cutting in a beam for a loft conversion, raising the wall, underpinning it or removing a chimney breast (section 2);
- excavation close to a neighbouring building and below its foundations (section 6).
What counts as a party wall
The Act recognises two main types. The first is a wall that stands astride the boundary between land owned by different people, including a masonry garden wall used to separate the land, but not a timber fence or hedge. The second is a wall that stands wholly on one owner’s land but is used by two owners to separate their buildings. The wider term “party structure” covers floors and partitions between flats. For disputes over where the line actually runs, see our guide to boundary disputes in England and Wales; the Act’s surveyors cannot decide the location of a boundary.
Notice periods for each type of work
The notice must be in writing. There is no official form, but it should give the building owner’s name and address, the address of the building, a full description of the work and the proposed start date. The minimum notice depends on the work:
- Work to an existing party wall (section 2): at least two months before the work starts.
- A new wall on or against the boundary (section 1): at least one month.
- Excavation near a neighbour’s building (section 6): at least one month. The Act applies where the work is within 3 metres of a neighbouring building and goes deeper than its foundations, or within 6 metres and meets a line drawn downwards at 45 degrees from the bottom of those foundations.
A notice is valid for a year, so serving it far in advance is pointless.
What the neighbour can do after receiving a notice
An adjoining owner has three options: consent in writing, refuse consent, or do nothing. If they do nothing for 14 days, a dispute is treated as having arisen. For a new wall built astride the boundary, the neighbour must consent in writing within 14 days; if they do not, the building owner has to build wholly on their own land and at their own expense. An adjoining owner may also serve a counter-notice within one month asking for additional or modified work for their own benefit. The neighbour cannot stop work the Act entitles the other owner to carry out, but can influence how and when it is done.
Party wall surveyors and the award
If there is a dispute, the owners can agree on a single “agreed surveyor” or each appoint their own, with the two choosing a third to step in if they disagree. A surveyor must not be a party to the matter, so an owner cannot act for themselves, and the person should not already be supervising the building work. Their decision is set out in a party wall award, which typically records the work, the times and manner in which it may be done, any protective measures and the condition of the neighbouring property before work begins, plus access for inspection.
If a neighbour will not appoint a surveyor after a dispute has arisen, the building owner can appoint one on their behalf. An award is binding unless a county court rescinds or modifies it, and each owner has 14 days from service of the award to appeal.
Who pays for the work and the fees
Where the work is solely for the building owner’s benefit, the building owner normally pays the costs of the award, including the neighbour’s reasonable surveyor fees. There are no set fees; the amounts are for negotiation, and an owner who thinks a fee is unreasonable can ask for a breakdown such as an hourly rate and hours charged. Costs can be shared where work is needed because of a defect or lack of repair, in proportion to each owner’s use of the wall and responsibility for the defect, or where the neighbour asks for extra work for their own benefit. The building owner must also make good damage caused by the works, or pay in lieu if the neighbour asks, and must provide temporary protection where necessary.
What happens if no notice is served
The Act contains no enforcement procedure for failing to serve notice. However, government guidance says an adjoining owner may seek a court injunction to stop the work or pursue other legal redress.
FAQs
Do I need a notice to remove a chimney breast?
Yes, if the chimney breast is part of a party wall, removing it is one of the works the Act lists, so notice under section 2 is required.
Can my neighbour refuse to let me build a party wall on the boundary?
For a new wall astride the boundary, written consent is required. Without it, the wall must be built entirely on the building owner’s own land.
Does the Act apply in Scotland?
No. Government guidance states that the Act does not apply to Scotland or Northern Ireland.
The bottom line
Anyone planning work on or near a shared wall in England or Wales should decide early which section applies, serve written notice of the right length, and expect a 14-day response window. Consent is helpful but does not remove ongoing duties. If a dispute arises, an impartial surveyor produces an award that fixes the terms, and the building owner usually carries the surveyor costs for work that benefits only them.