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When Does the Party Wall etc. Act 1996 Apply?
The Act kicks in if you’re doing any of the following:
Building a new wall on or at the boundary
Cutting into a wall to insert steel beams or raising, rebuilding, or demolishing a party wall e.g. removing a chimney breast
Building within 3 or 6 metres, depending on depth (basement, foundations, etc.).
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Section 1 - Line of Junction Notice
When is a Section 1 Notice required?
A Section 1 Notice is served when a Building Owner wants to build a new wall at the boundary line between two properties. This applies in situations where:
The boundary is not currently built on, or
The boundary has only a simple boundary wall (not a party wall or an external wall of a building).
What can the Building Owner propose?
Build a new party wall or party fence wall straddling the boundary (but only with the neighbour’s written consent).
Build a new wall entirely on their own land, right up to the boundary line.
Timescales
The notice must be served at least 1 month before works begin.
If the Adjoining Owner does not reply within 14 days, this is treated as a dissent (dispute).
Works authorised by a Section 1 Notice must begin within 12 months of serving the notice.
Cost responsibilities
If the wall is agreed as a party wall, both owners share the cost in proportion to their use.
If the neighbour does not consent, the wall must be built wholly on the Building Owner’s land and at their sole cost.
The Building Owner may project foundations or footings onto the neighbour’s land only if the Act grants those rights.
Rights and obligations
The Building Owner must compensate the neighbour for any damage caused by the works or foundations.
If there is any disagreement (for example, about placement, cost, or damage), the matter is resolved under Section 10 procedures by surveyors making a Party Wall Award.
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Section 2 Notice – Party Structure Works
When is a Section 2 Notice required?
A Section 2 Notice is served when a Building Owner plans to carry out works directly to an existing party wall, party fence wall, or party structure. This includes shared walls between houses, walls separating flats, or other dividing structures.Examples of works covered:
Cutting into a party wall to insert steel beams (common for loft conversions).
Raising the height of a party wall.
Rebuilding a defective party wall.
Removing chimney breasts attached to a party wall.
Cutting away projections or overhangs from a party wall.
Underpinning or strengthening a party wall.
Timescales
The notice must be served at least 2 months before works begin.
If the Adjoining Owner does not reply within 14 days, this is treated as a dissent (dispute).
Works authorised must begin within 12 months of serving the notice.
Cost responsibilities
The Building Owner generally pays for works they initiate.
If the works are for shared benefit (e.g. raising a wall to build an extension on both sides), costs may be shared.
The Building Owner must cover any damage or reinstatement required to the Adjoining Owner’s property.
Rights and obligations
The Building Owner must allow reasonable protection for the Adjoining Owner’s property during works.
Any disputes over scope, method, or costs are resolved by surveyors under Section 10 procedures with a Party Wall Award.
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Section 6 Notice – Adjacent Excavation Works
When is a Section 6 Notice required?
A Section 6 Notice is served when a Building Owner plans to excavate near a neighbour’s property. It applies in two main situations:
Excavating within 3 metres of a neighbour’s building or structure and to a depth lower than its foundations.
Excavating within 6 metres where the excavation will cut a line drawn down at 45 degrees from the neighbour’s foundations.
Examples of works covered:
Digging foundations for a rear or side extension.
Excavating for a basement.
Lowering ground levels near a boundary.
Timescales
The notice must be served at least 1 month before works begin.
If the Adjoining Owner does not reply within 14 days, this is treated as a dissent (dispute).
Works authorised must begin within 12 months of serving the notice.
Cost responsibilities
The Building Owner pays all costs of their excavation.
They are also responsible for making good any damage to the Adjoining Owner’s property.
Rights and obligations
The Building Owner must ensure their works do not compromise the stability of the neighbour’s structure.
Where necessary, the Award will include protective measures (e.g. underpinning, shoring).
Disputes are resolved under Section 10 by the appointed surveyor(s).
The Process in Plain English…
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A Party Wall Notice is a formal written notice served under the Party Wall etc. Act 1996. It is the legal way of informing your neighbour (the “Adjoining Owner”) that you intend to carry out works that fall under the Act.
Notices are important because they:
Give your neighbour advance warning of works that could affect their property.
Protect your project by ensuring the works are carried out lawfully.
Trigger the Party Wall process, which sets out clear rights and responsibilities for both you and your neighbour.
There are three main types of notice, depending on the works proposed:
Section 1 Notice – for building new walls at or on the boundary line.
Section 2 Notice – for works to an existing party wall, party fence wall, or party structure.
Section 6 Notice – for excavations near a neighbour’s building or structure.
Once a Party Wall Notice is served:
Your neighbour has 14 days to respond.
They can consent to the works, or dissent, which brings surveyors into the process to agree a Party Wall Award (a legally binding document that governs how works are carried out and how damage is dealt with).
If they do not respond within 14 days, this is treated as a dissent.
Serving the right notice, with the correct details, is essential. An invalid notice can delay your project and create unnecessary disputes.iption text goes here
Serve a Party Wall Notice
Tell your neighbour exactly what you plan to do and when.
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What Happens After a Party Wall Notice is Served?
Once a Party Wall Notice has been served, the Adjoining Owner (your neighbour) has 14 days to respond. At this stage there are three possible outcomes:
1. They Consent
The neighbour agrees in writing that the works can go ahead.
This ends the process — no surveyors are needed.
It is still strongly recommended that a Schedule of Condition is taken, so there is a record of their property’s condition before work starts.
2. They Dissent and Appoint a Surveyor
The neighbour does not agree to the works without protections.
They appoint their own surveyor, and you (the Building Owner) appoint yours.
The two surveyors will then jointly agree a Party Wall Award – a legally binding document that sets out how the works must proceed, including protections, access rights, and how damage will be handled.
You (the Building Owner) are usually responsible for both surveyors’ reasonable fees.
3. They Dissent and Agree to an Agreed Surveyor
Instead of two surveyors, both parties appoint a single Agreed Surveyor to act impartially.
This can save time and costs.
The Agreed Surveyor prepares the Party Wall Award in the same way as above.
If They Do Nothing
If your neighbour does not respond within 14 days, they are treated as having dissented.
You must then give them a further 10 days to appoint a surveyor.
If they still do not act, you can appoint one on their behalf so the process can move forward.
They Respond
Consent in writing
Dissent and appoint their own surveyor
Dissent but agree to one Agreed Surveyor
Surveyor(s) Agree the Details
This becomes the Party Wall Award, covering method, timings, access, and protections.
A Schedule of Condition with photos and notes so everyone knows what was there before.
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The Party Wall Award
If there is dissent (whether by choice or by silence), surveyor(s) will:
Carry out or check a Schedule of Condition of the Adjoining Owner’s property.
Agree how and when the works should be carried out.
Set out protections, access rights, and working hours.
Confirm who pays costs (almost always the Building Owner).
Decide how any damage will be made good or compensated.
The Award is legally binding and allows your works to proceed with certainty.
Timescales
Notices must be served 1–2 months before works begin (depending on the section).
The Adjoining Owner has 14 days to reply.
If surveyors are appointed, the Award usually takes 2–8 weeks to be agreed, depending on complexity.
Works must begin within 12 months of serving the notice.
Why it is important?
Avoid headaches No last-minute delays
Protect yourself A clear, legal record if damage claims come up and ensure these stay with the property
Keep the peace Show you’re acting fairly and professionally.
Party Wall etc. Act 1996 Explained
What the Party Wall Act Means for you…
Planning an extension, loft conversion, basement or structural work near a boundary? The Party Wall etc. Act 1996 is there to make sure:
You tell your neighbours in the right way.
You protect your property and theirs.
Everyone knows how work will be done and what happens if there’s damage.
Skip it — and you could face project delays, legal bills, and sour relationships.
Why Choose Us?
We’ve handled hundreds of Party Wall matters for homeowners, developers, and adjoining owners.
Our promise to
Check if the Act applies to your project.
Serve valid notices that stand up in court if challenged.
Agree robust Awards that keep your build on track.
Handle neighbour relationships so you don’t have to.
If you want to get your project moving without neighbour disputes, talk to us.
Videre Party Wall Surveyors is a trading name of Videre Architects & Surveyors Ltd.
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