Frequently Asked Questions About the Party Wall etc. Act 1996

What is a Party Wall Notice?
A Party Wall Notice is a formal written notice served under the Party Wall etc. Act 1996. It tells your neighbour that you intend to carry out building works that may affect a shared wall, boundary, or nearby foundations. The notice must be valid and served correctly — otherwise your project could face delays.

When do I need to serve a Party Wall Notice?
You need to serve a notice if you are:

  • Working on an existing party wall (cutting in steel beams, removing chimney breasts, raising or rebuilding).

  • Building a new wall up to or on the boundary.

  • Excavating within 3 or 6 metres of a neighbour’s foundations (for extensions, basements, or underpinning).

How much notice do I need to give my neighbour?

  • Section 1 (new wall at boundary) – at least 1 month before starting.

  • Section 2 (works to a party wall/structure) – at least 2 months before starting.

  • Section 6 (excavations) – at least 1 month before starting.

Works must begin within 12 months of serving the notice.

What happens if my neighbour ignores a Party Wall Notice?
If your neighbour does not respond within 14 days, it counts as a dissent. You must then appoint a surveyor (and give them 10 more days to appoint theirs). If they still do nothing, you can appoint one on their behalf so the process can move forward.

What is a Party Wall Award?
A Party Wall Award is a legally binding agreement prepared by surveyors when there is dissent. It sets out:

  • How the works will be carried out.

  • Protective measures for the neighbour’s property.

  • Access rights, working hours, and methods.

  • How damage will be made good or compensated.

The Award protects both sides and gives the Building Owner the right to proceed.

Who pays for Party Wall surveyors’ fees?
In most cases, the Building Owner proposing the works pays both their own and the Adjoining Owner’s reasonable surveyor’s fees. There are exceptions if the Adjoining Owner requests extra works for their benefit.

Do I need a Party Wall Notice for a loft conversion or extension?
Yes — if you are cutting into a party wall to insert steel beams for a loft conversion, or if your extension foundations are within 3–6 metres of your neighbour’s property, you will need to serve notice.

Do I need a Party Wall Notice for a basement excavation?
Yes — basement excavations almost always require a Section 6 Notice as they involve deeper foundations close to neighbouring structures. Extra protections and detailed schedules are usually needed.

What happens if I don’t serve a Party Wall Notice?
Starting work without serving a valid Party Wall Notice is a breach of the Act. Your neighbour could apply for a court injunction to stop your works, causing costly delays. You may also be liable for damage without the protection of an agreed Award.

How long does the Party Wall process take?
If your neighbour consents, you can proceed after the notice period. If surveyors are appointed, expect the process to take 2–8 weeks, depending on complexity and cooperation between parties.

Why should I use a Party Wall Surveyor?
A Party Wall Surveyor ensures the process is legally correct, protects your property and relationship with your neighbour, and prevents disputes from escalating. Our team prepares valid notices, impartial Awards, and detailed schedules of condition to safeguard everyone involved.

Videre Party Wall Surveyors is a trading name of Videre Architects & Surveyors Ltd.

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