SECTION 1
Building at the boundary
A new wall built on, or up to, the line of junction between two properties — for example a new extension wall along the boundary.
The Act in brief
The Party Wall Act, explained simply.
A short, plain-English guide to the Party Wall etc. Act 1996 — what it is, when it applies to your project, and how the process works from notice to award.
When does it apply?
- Building on or at the boundary line
- Cutting into or altering a shared wall
- Excavating near a neighbour's foundations
In one minute
What the Act is for
It gives you a clear legal framework to carry out building work near a neighbour — while protecting their property and keeping relations on good terms.
The Party Wall etc. Act 1996 applies across England and Wales. It sets out a process to follow before you start certain works near a neighbouring property: works to a shared (party) wall, building at the boundary, or excavating close to your neighbour’s foundations.
The person doing the work is the building owner; the neighbour affected is the adjoining owner. The Act gives the building owner rights to carry out the work, and gives the adjoining owner protection — a record of their property’s condition, the right to be compensated for any damage, and an independent surveyor looking after their interests, usually at the building owner’s cost.
Following the Act is not optional. Skipping it can expose you to an injunction halting your project and to disputes over any damage. Done properly, it is straightforward and keeps everyone protected.
Step by step
How the process works
From first notice to a signed award, here is the path most matters follow.
1
Serve notice
You give your neighbour formal written notice of the proposed work — usually one to two months before starting. We prepare and serve this for you, free.
2
Your neighbour responds
They can consent (the matter ends there) or dissent. Dissent isn’t hostile — it simply means surveyors are appointed to oversee the work.
3
Surveyor(s) appointed
Either one agreed surveyor acting impartially for both, or one surveyor each. Their job is to resolve matters fairly, not to take sides.
4
Schedule of condition
An independent record of the adjoining property’s condition before work begins — the reference point if any damage is later claimed.
5
The party wall award
A binding document setting out how and when the work may proceed, working hours, access, and protections. It is served on both owners.
6
Work proceeds
You build with certainty. If damage occurs, the surveyors determine a fair remedy by reference to the schedule of condition.
Common questions
Quick answers
Do I really need to serve notice?
If your work falls under section 1, 2 or 6, yes — it is a legal requirement. Proceeding without notice risks an injunction and weakens your position in any damage dispute.
What does it cost the adjoining owner?
In most cases, nothing. Where work is solely for the building owner’s benefit, the building owner normally pays the surveyors’ reasonable fees, including the adjoining owner’s surveyor.
How long does it take?
Where consent is given, it can be resolved in days. Where surveyors are appointed, allow a few weeks to prepare the schedule of condition and finalise the award — which is why serving early matters.
Can my neighbour stop my project?
No. The Act gives you the right to do the work. Your neighbour cannot veto it — the surveyors simply ensure it is done in a way that protects their property.
Not sure if the Act applies to your project?
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Note: This page is a plain-English overview of the Party Wall etc. Act 1996 for general information only. It is not legal or professional advice and is not a substitute for advice on your specific circumstances. For guidance on your matter, please get in touch.