The Party Wall etc. Act 1996 is the law that governs certain building works affecting shared walls, boundary structures and excavations near neighbouring buildings in England and Wales.
It commonly applies to projects such as loft conversions, rear and side extensions, basement works, chimney breast removals and structural alterations. The Act sets out when neighbours must be notified, how they can respond and how disputes are resolved so that qualifying works can proceed with appropriate safeguards in place.
K&A Chartered Surveyors has 15 years of experience providing Party Wall advice, notices, Awards and Schedules of Condition for homeowners, landlords, developers and adjoining owners across London, Kent, Essex, Surrey and the wider South East.
Need to know if the Act applies to your project? Contact K&A Chartered Surveyors for Party Wall advice before works begin.
What Is the Party Wall etc. Act 1996?
The Party Wall etc. Act 1996 provides a legal framework for preventing and resolving disputes relating to party walls, party structures, boundary walls and certain excavations near neighbouring buildings.
The Act allows a Building Owner to carry out qualifying work while giving the Adjoining Owner formal notice and protection. Its purpose is not to stop lawful development, but to create a clear process for notifying neighbours, agreeing how work will proceed and resolving disputes where consent is not given.
The Act commonly applies to:
- Shared walls between terraced or semi-detached homes
- Party structures between flats
- Boundary walls
- Excavations near neighbouring buildings
- Structural work affecting adjoining properties
- Chimney breast or chimney stack removal involving a shared wall
The Party Wall Act is separate from planning permission and Building Regulations approval. Having planning permission or Building Regulations approval does not remove the need to comply with the Act where the proposed works fall within its scope.
What Is a Party Wall?
A party wall is a wall that stands on the land of two or more owners, or a wall that separates buildings belonging to different owners.
Common examples include:
- The wall between semi-detached houses
- The wall between terraced homes
- A shared wall between commercial units
- Floors or ceilings between flats, known as party structures
- Some garden boundary walls, depending on ownership and position
The Act can also apply where there is no shared wall. Excavation close to a neighbouring building can trigger Party Wall procedures if the excavation is close enough and deep enough to meet the tests in Section 6 of the Act.
When Does the Party Wall Act Apply?
The Party Wall Act applies when planned building work affects a shared wall, a boundary wall, or excavation close to a neighbouring structure.
Homeowners most often encounter the Act during extensions, loft conversions, basement works, chimney breast removals, and structural alterations. The exact notice required depends on the type of work.
Loft Conversions
Loft conversions often trigger the Act when steel beams, padstones, or structural supports are inserted into a party wall.
A Party Wall Notice is usually required before this work starts because cutting into a shared wall affects the adjoining owner’s property rights and structural protection.
Rear and Side Extensions
Rear and side extensions can trigger the Act when work takes place on or near a boundary, or when new foundations are excavated close to a neighbouring structure.
Party wall procedures can apply where excavation is:
- Within 3 metres of a neighbouring structure and deeper than the neighbour’s foundations
- Within 6 metres in deeper excavation cases where the proposed excavation falls within the relevant line drawn from the neighbour’s foundations
This means the Act can apply to detached, semi-detached, and terraced properties.
Basement Conversions
Basement conversions often fall under the Act because they involve deeper excavation near neighbouring foundations.
These projects need careful party wall handling because excavation, underpinning, temporary works, vibration, and structural movement can affect adjoining buildings. Notices, drawings, protective measures, and a Schedule of Condition help reduce the risk of disputes before work starts.
Removing Chimney Breasts
Removing a chimney breast built into a shared wall usually requires a Party Wall Notice.
The work can affect the structure, support, and condition of the party wall. The notice process records the proposed work and gives the adjoining owner the opportunity to consent or appoint a surveyor.
Structural Alterations
Structural alterations can fall under the Act when they involve work to a shared wall or adjoining structure.
Examples include:
- Cutting into a party wall
- Raising a party wall
- Underpinning a party wall
- Installing beams, padstones, or other structural supports
- Inserting a damp-proof course
- Cutting in flashings
- Removing or altering structural elements connected to a shared wall
New Boundary Walls
The Act can apply when a Building Owner builds a new wall on the line of junction between two properties.
A notice is required where the proposed wall is built at the boundary line or astride the boundary, depending on the position and design. The adjoining owner’s response affects how the wall can be built and whether access or surveyor involvement is needed.
If you are unsure whether your plans fall within the Party Wall etc. Act 1996, K&A Chartered Surveyors can review the proposed works and advise on the correct notice route.
Do I Need a Party Wall Notice?
You may need to serve a Party Wall Notice if your proposed work falls within Sections 1, 2 or 6 of the Act.
Typical examples include:
- Building a new wall on or at the boundary.
- Cutting into or otherwise altering an existing party wall.
- Increasing the height or thickness of a party wall.
- Removing a chimney breast from a party wall.
- Inserting beams or other structural elements into a party wall.
- Demolishing and rebuilding a party wall.
- Excavating close to a neighbouring building where the Section 6 tests are met.
Not every building project requires a Party Wall Notice. Minor works such as ordinary plastering, replacing electrical wiring or sockets, or drilling to install shelves or cupboards would not normally require notice under the Act.
The correct assessment depends on the proposed construction, the buildings involved and the relationship between the properties. If you are unsure, obtaining advice before work starts can help avoid invalid notices, delays and disputes.
What Happens If the Party Wall Act Applies?
If the Party Wall Act applies, the Building Owner must serve a valid Party Wall Notice before notifiable work begins.
A Party Wall Notice sets out the proposed works and gives the adjoining owner a formal opportunity to respond. The notice should include the correct legal information, the relevant work details, and the required notice period.
A notice can include:
- The Building Owner’s details
- The Adjoining Owner’s details
- The address of the works
- The type of notice being served
- A description of the proposed works
- Relevant drawings or plans
- The proposed start date
The adjoining owner can then:
- Consent to the works
- Dissent and appoint their own surveyor
- Dissent and agree to use one Agreed Surveyor
An invalid notice can delay the project because the statutory process has not been started correctly. K&A Chartered Surveyors can prepare and serve Party Wall Notices so the correct process is followed from the outset.
What Is a Party Wall Award?
A Party Wall Award is the legal document prepared when an adjoining owner dissents to a Party Wall Notice.
Adjoining Owners have 14 days from receipt of the notice to respond. However, the Building Owner must serve notice at least 2 months before works to an existing party wall (s.3) or 1 month before erecting a new wall or carrying out excavation works (ss.1 & 6).
If no response is received within the 14-day window, the Adjoining Owner is deemed to have dissented and a surveyor is appointed under s.10(4).
The Award sets out how the notifiable works can proceed. It protects both parties by recording the agreed procedure, responsibilities, safeguards, and dispute process before construction starts.
A Party Wall Award usually covers:
- The scope of the works
- Working methods and timing
- Protective measures for the adjoining property
- Access arrangements, where required
- Surveyor responsibilities
- Procedures for dealing with damage or disputes
- A Schedule of Condition recording the adjoining property before works begin
The Award does not replace planning permission or building control approval. It deals with rights and responsibilities under the Party Wall etc. Act 1996.
Who Is the Building Owner?
The Building Owner is the owner proposing to carry out the works.
For example, if you own a house and are planning a rear extension involving excavation or works to a party wall that fall within the Act, you are likely to be the Building Owner.
The Building Owner is responsible for complying with the Act, including serving the appropriate notices before notifiable work begins.
K&A can review proposed drawings, advise whether the Act applies and prepare and serve the relevant notices on behalf of Building Owners.
Who Is an Adjoining Owner?
An Adjoining Owner is broadly an owner of land or property affected by the proposed works. For Section 6 excavation matters, a property can be treated as adjoining even where it does not physically touch the Building Owner’s land, provided it falls within the relevant statutory distance.
There may be more than one Adjoining Owner, particularly where neighbouring properties have leasehold and freehold interests or where several properties fall within the relevant excavation zone.
Correct ownership information should therefore be established before notices are served.
What Are the Three Main Types of Party Wall Notice?
There are three principal notice routes under the Party Wall etc. Act 1996.
1. Party Structure Notice: Section 2
A Party Structure Notice applies where qualifying works are proposed to an existing party wall or party structure.
Examples can include:
- Cutting into a party wall.
- Removing a chimney breast.
- Inserting structural beams.
- Raising, thickening or underpinning a party wall.
- Carrying out other qualifying structural alterations.
For works to an existing party wall or party structure, the notice must generally be served at least two months before the proposed start date.
2. Line of Junction Notice: Section 1
A Line of Junction Notice applies where a Building Owner proposes to construct a new wall on or at the boundary between two properties.
Where a new wall is proposed astride the boundary, the Adjoining Owner’s written consent is required.
This type of notice must generally be served at least one month before the proposed start date.
3. Notice of Adjacent Excavation: Section 6
A Section 6 notice applies to certain excavations close to neighbouring buildings or structures.
This can include excavation for:
- New foundations.
- Extensions.
- Basement construction.
- Structural works.
- Other works where the relevant distance and depth tests are met.
A qualifying excavation notice must generally be served at least one month before the proposed start date.
What Happens After a Party Wall Notice Is Served?
Once a valid notice has been served, the Adjoining Owner has an opportunity to respond.
Consent
The Adjoining Owner can consent in writing to the proposed works.
Where consent is given and no dispute arises, a Party Wall Award may not be required. Depending on the project, it can still be sensible to record the condition of the adjoining property before works begin.
Dissent
The Adjoining Owner can dissent to the proposed works. A dispute then arises under the Act and the owners can either:
- Agree to appoint one Agreed Surveyor, or
- Each appoint their own surveyor.
The surveyor or surveyors then resolve the matters in dispute and prepare a Party Wall Award.
No Response
If an Adjoining Owner does not respond within 14 days to a relevant notice, a dispute is deemed to have arisen under the Act.
This does not mean that the Building Owner can immediately appoint a surveyor for the neighbour. The statutory appointment procedure must first be followed. Where an Adjoining Owner fails to appoint a surveyor after the required further notice, the Building Owner may then be able to make an appointment on their behalf in accordance with Section 10 of the Act.
Ignoring a Party Wall Notice is therefore generally not advisable.
What Happens If You Ignore the Party Wall Act?
Ignoring the Party Wall Act can delay your project, increase costs, and expose you to legal action from an adjoining owner.
Possible consequences include:
- An injunction stopping the works
- Construction delays
- Neighbour disputes
- Additional surveyor or legal costs
- Claims for property damage
- Difficulty resolving damage allegations without a Schedule of Condition
- Problems during a future sale if party wall matters were not handled correctly
Early advice is usually cheaper and less stressful than resolving a dispute after works have started.
What Is a Party Wall Surveyor?
A Party Wall Surveyor is a person appointed under the Party Wall etc. Act 1996 to resolve a dispute arising under the Act.
The Act does not require a Party Wall Surveyor to be a Chartered Surveyor, but the appointed person should understand construction and the statutory Party Wall process. Neither owner can act as their own surveyor under the dispute-resolution procedure.
A Party Wall Surveyor can deal with matters including:
- Reviewing proposed works
- Confirming whether the Act applies
- Preparing and serving Party Wall Notices
- Advising Building Owners and Adjoining Owners
- Acting as the Building Owner’s Surveyor
- Acting as the Adjoining Owner’s Surveyor
- Acting as the Agreed Surveyor
- Preparing Party Wall Awards
- Carrying out Schedules of Condition
- Helping resolve disputes under the Act
K&A Chartered Surveyors regularly support homeowners planning extensions and loft conversions, as well as adjoining owners who have received notice of neighbouring works.
Do I Need a Party Wall Surveyor?
A Party Wall Surveyor is generally required where an Adjoining Owner dissents to a valid notice and a dispute needs to be resolved under the Act.
A surveyor is not always required where the Adjoining Owner gives written consent. Even then, professional advice can help confirm that the correct notice has been served and that the proposed works have been properly assessed.
K&A Chartered Surveyors can act as:
- The Building Owner’s Surveyor.
- The Adjoining Owner’s Surveyor.
- The Agreed Surveyor for both owners where appropriate.
For a wider overview of the process, see our guide to Party Wall agreements.
Building Owner: what K&A does at each stage
If you are planning to undertake building works to the party wall, party structure or excavate within 3 m (s.6(1)) or 6 m (s.6(2)) of neighbouring foundations, where excavation goes deeper than those foundations of the neighbouring properties, then you are considered to be a Building Owner under the definition of the Party Wall etc Act 1996. During the initial stage, we can assist by studying your drawings, preparing, and serving any relevant Party Wall notices to all Adjoining Owners.
Based on the response given to the Party Wall notices, we can then progress matters by undertaking a Schedule of Condition on each affected Adjoining Owner’s property and, if required, prepare a Party Wall Award.
Adjoining Owner: what K&A does at each stage
If you have been served with Party Wall notices, then you are an Adjoining Owner under the Party Wall etc. Act 1996.
We can act on your behalf as an Adjoining Owner Surveyor and assist with all matters, from explaining the process, acting as a main point of contact, conducting a Schedule of Condition of your property and assisting with the preparation of a Party Wall Award.
Under the Act, the Building Owner is generally responsible for the Adjoining Owner’s surveyor’s reasonable fees where works are notifiable, though the precise allocation depends on the nature of the works and any dispute over who is undertaking the works, so our appointment will not be at any cost to you.
A 3-minute overview of the Party Wall Act 1996 – your rights and obligations explained by RICS.
For a full overview of K&A’s party wall surveying services – including service areas and how to book a free consultation – visit our party wall surveyor service page.
What Is a Schedule of Condition?
A Schedule of Condition records the condition of an adjoining property before building work begins, usually using written descriptions supported by photographs.
Its purpose is to provide a clear record against which the property’s condition can later be compared if damage is alleged.
A Schedule of Condition is not itself a statutory requirement of the Party Wall etc. Act 1996, but it is widely used because it can provide valuable evidence for both owners if a dispute about damage arises later.
What Happens If My Neighbour Refuses to Sign?
An Adjoining Owner does not have a general right to stop lawful work simply because they do not agree with the project.
If they dissent or fail to respond within the relevant statutory period, the dispute-resolution procedure under the Party Wall etc. Act 1996 can be used. The owners can appoint an Agreed Surveyor or separate surveyors, and a Party Wall Award can then determine how the notifiable works may proceed.
The process is intended to protect both owners while allowing qualifying works to proceed in accordance with the Act.
What Happens If Building Work Starts Without a Party Wall Notice?
Starting notifiable work without first serving the required notice can create significant legal and practical risks.
An Adjoining Owner may be able to seek a court injunction to stop the works or pursue other legal remedies. Proceeding without a proper Schedule of Condition can also make later damage disputes more difficult to resolve.
If work has already started, professional advice should be obtained promptly. K&A can advise on the Party Wall surveying aspects, although independent legal advice may also be appropriate where court proceedings or wider legal rights are involved.
Who Pays the Party Wall Surveyor’s Fees?
Where the works are carried out solely for the Building Owner’s benefit, the Building Owner will usually be responsible for the reasonable costs of the Party Wall process, including the reasonable fees of the Adjoining Owner’s appointed surveyor where those fees arise from resolving the dispute.
However, this is not an absolute rule. Costs can be shared in some circumstances, for example where work is required because of a defect or repair for which both owners have responsibility.
Where an Award is required, the surveyor or surveyors determine the allocation of relevant costs under the Act.
If you are an Adjoining Owner who has received a Party Wall Notice, you should therefore not assume either that you will have to pay your own surveyor’s fees or that every fee will automatically be paid by the Building Owner. The circumstances of the matter must be considered.
Party Wall Act vs Planning Permission and Building Regulations
The Party Wall Act, planning permission and Building Regulations are separate processes.
Planning permission considers whether development is acceptable from a planning perspective.
Building Regulations deal with technical requirements such as structural safety, fire safety, insulation and other construction standards.
The Party Wall etc. Act 1996 creates a statutory procedure for certain works affecting party walls, boundaries and neighbouring buildings.
Depending on the project, you may therefore need planning permission, Building Regulations approval and Party Wall notices or procedures. Approval under one system does not automatically satisfy the requirements of the others.
Why Choose K&A Chartered Surveyors for Party Wall Matters?
K&A Chartered Surveyors are RICS regulated Chartered Building Surveyors supporting residential and commercial clients across London, Kent, Essex, Surrey, and the wider South East.
Party Wall matters require legal accuracy, construction knowledge, clear communication, and careful record keeping. K&A Chartered Surveyors help clients understand their obligations, serve the correct notices, and progress matters through to consent or Award.
Clients choose K&A Chartered Surveyors for:
- RICS regulated surveying support
- Party Wall advice for Building Owners and Adjoining Owners
- Clear explanation of notice requirements
- Preparation and service of Party Wall Notices
- Party Wall Awards where a dissent occurs
- Schedules of Condition before works begin
- Liaison with owners, surveyors, contractors, and design teams
- Local knowledge across London, Kent, Essex, Surrey, and the wider South East
K&A Chartered Surveyors can assist with:
- Loft conversions
- Rear and side extensions
- Basement excavations
- Structural alterations
- Chimney breast removals
- New boundary walls
- Commercial party wall matters
- Schedules of Condition
Need to know whether your project requires a Party Wall Notice, or have you received one from a neighbour? Contact K&A Chartered Surveyors or visit our Party Wall Surveyor service page.
