The Party Wall etc. Act 1996 is one of those bits of legislation that nobody thinks about until they’re three weeks from starting a building project and suddenly discover they need to deal with it. If you’re planning any building work near a shared boundary in England or Wales, getting this right matters — skip it, and you could face injunctions, disputes, and your entire project grinding to a halt.
What Does the Act Actually Cover?
Three main types of work:
- Work directly to a party wall (Section 2): Cutting into a shared wall, raising or lowering it, demolishing and rebuilding it, or underpinning it. Basically, if you’re touching a wall that belongs to both you and your neighbour, this kicks in.
- Building a new wall on or at the boundary line (Section 1): Putting up a new wall that sits astride the boundary (a “party fence wall”) or on your side right up to it.
- Excavation near neighbouring buildings (Section 6): Digging foundations within 3 metres of a neighbour’s building where your excavation goes below their foundations, or within 6 metres if the excavation cuts a 45-degree line drawn down from the bottom of their foundations. Sounds complicated? It’s not — your structural engineer will know instantly.
When You Need a Notice
If your work falls into any of those three categories, you must serve a notice. Here are the most common triggers:
- Loft conversions involving a party wall (most terraced and semi-detached houses)
- Rear or side extensions within 3–6 metres of a neighbour’s property
- Basement conversions or underpinning
- Removing a chimney breast from a party wall
- Inserting a damp-proof course into a party wall
- Building a garden wall on or at the boundary
What doesn’t need a notice? Internal work that doesn’t touch the party wall, drilling into a party wall for shelves or fixtures, and plastering over a party wall. So putting up your IKEA shelving unit is safe.
The Three Notice Types
Section 1 Notice (Line of Junction): For building a new wall on or at the boundary. Give at least one month’s notice before work starts.
Section 2 Notice (Party Structure Notice): For work directly to an existing party wall. Give at least two months’ notice. This is the one that catches most people out because two months feels like a long time when you’re itching to start.
Section 6 Notice (Adjacent Excavation): For digging near a neighbour’s building. At least one month’s notice.
How to Serve a Notice
The notice must be in writing and include: your name and address, the property address where work will happen, a clear description of the proposed work, and the start date. Hand-deliver it, post it by recorded delivery, or — if you genuinely can’t find the neighbour — attach it to the property.
Pro tip: always use recorded delivery and keep a copy. If things go sideways later, you’ll want proof the notice was served properly.
What Happens After You Serve Notice
Your neighbour has 14 days to respond. Two possible outcomes:
- They consent in writing: You crack on with the work. This is what happens most of the time, especially if you’ve had a friendly chat beforehand.
- They dissent (or just ignore it): A dispute is automatically deemed to have arisen. Both sides appoint a party wall surveyor, or you agree on a single “agreed surveyor” to draw up a Party Wall Award. Don’t panic — this is a process, not a lawsuit.
The Surveyor Process
Party wall surveyors aren’t the same as building surveyors or RICS valuers. They act in a quasi-judicial role under the Act. If each side appoints their own, the two surveyors pick a third to settle any disagreements. Together they produce a Party Wall Award, which records the condition of the neighbouring property (a “schedule of condition”), sets out what work is allowed, specifies working hours, and decides who pays.
In almost all cases, you (the person doing the work) pay all surveyor fees. For straightforward residential work, budget £700–£1,500 per neighbour. Basement excavations can run to £3,000+. Yes, it stings — but it’s a fraction of the cost of the building work itself.
DIY or Get Professional Help?
Serving the notice yourself is perfectly fine — it’s a simple document. Where things get tricky is if your neighbour dissents. At that point you’ll need a surveyor. Some people appoint a surveyor from the start to handle the whole thing, which typically costs £150–£300 for the notice stage.
Our free Party Wall tool generates the correct notice type for your project and helps you understand your obligations before committing to building work.