What the Party Wall Act covers
The Party Wall etc. Act 1996 applies across England and Wales. It gives building owners the right to carry out certain works, while also protecting adjoining owners from damage and disturbance. The Act covers three broad categories of work: work directly on a party wall or party structure shared between two buildings; new building on or at the boundary line (known as the line of junction); and excavation work near a neighbour's building.
A party wall is any wall that stands on the boundary between two properties and is shared by both owners. It includes the wall between semi-detached or terraced houses, a garden wall that sits on the boundary, and floors and ceilings between flats. Not all walls that touch a boundary are party walls, a wall entirely on your own land is not, but the Act's definitions can be subtle, so if you are unsure whether it applies, ask a qualified party wall surveyor before starting work.
The Act does not apply to Scotland or Northern Ireland, which have their own legal frameworks for neighbour relations and shared structures.
When you need to serve notice
The Act commonly requires notice before you:
- Work directly on a party wall, for example cutting into it, raising its height, demolishing and rebuilding it, inserting a damp-proof course, or removing a chimney breast.
- Insert a beam or steel into a party wall as part of a loft conversion or extension.
- Build a new wall on or at the boundary line between your land and a neighbour's.
- Excavate foundations within 3 metres of a neighbour's building if your excavation will go deeper than their foundations.
- Excavate within 6 metres if the excavation would cut a line drawn at 45 degrees downward from the bottom of the neighbour's foundations.
- Underpin or otherwise alter the foundations of a shared structure.
The party wall process step by step
1. Identify whether notice is required
Check whether your work falls under the three categories: party wall works, line of junction works or excavation works. A party wall surveyor can advise for free in many cases.
2. Serve written notice
Serve a formal written notice on each affected neighbour: at least one month before party wall or boundary works, and at least two months before excavation. Include a description of the proposed work and a plan.
3. Await the response (14 days)
The neighbour has 14 days to respond in writing. They can give written consent (allowing work to start without a formal award) or dissent. Silence after 14 days is treated as dissent.
4. Appoint a surveyor
If the neighbour dissents or does not reply, both parties must appoint a surveyor. You can agree on a single 'agreed surveyor', or each appoint your own. The two surveyors can appoint a third if they cannot agree.
5. Schedule of condition
Before work begins, the surveyor records the existing condition of the neighbour's property with photographs and notes. This establishes a baseline to assess any damage claims later.
6. The award is issued
The award sets out the permitted works, hours of working, access arrangements, how damage will be remedied and any other conditions. Once served, work can proceed in line with the award.
7. Completion and follow-up
After work, a final inspection can take place to check for damage. If damage occurred, the award provides the framework for compensation. The process is self-contained: courts are rarely needed.
Typical party wall costs (2026)
Fees vary by location, complexity and whether one or two surveyors are appointed. The building owner normally pays all reasonable fees.
| Item | Typical cost range |
|---|---|
| Serving notice yourself (using template letters) | Free to £50 |
| Surveyor serving notice on your behalf | £150 to £300 |
| Single agreed surveyor (straightforward case) | £700 to £1,200 |
| Two surveyors (each party appoints own) | £1,500 to £3,000 combined |
| Complex or disputed case with third surveyor | £3,000 to £5,000+ |
| Schedule of condition photography and report | Often included, or £200 to £400 separately |
London and South East fees tend to be at the upper end of these ranges. Get two or three quotes from RICS or Faculty of Party Wall Surveyors members.
What happens if a neighbour objects
A neighbour cannot simply veto building work you are legally entitled to carry out. However, if they dissent, the surveyor and award process must run its course before you can start. This is not necessarily a problem: the award process exists to protect both sides fairly, and most awards are produced within four to eight weeks of dissent.
The award can impose reasonable conditions, such as restricting noisy work to certain hours, requiring dust sheets or scaffolding to protect the neighbour's property, and specifying how any damage will be made good. These conditions are enforceable. If you breach the award, the neighbour can seek an injunction through the courts, though this is uncommon when the process is followed properly.
If a neighbour ignores the notice entirely and does not respond within 14 days, they are treated as having dissented. A surveyor is appointed for them (often by the local county court if they refuse to cooperate), and the process continues. The key message is that the Act is designed to allow reasonable building work to proceed while protecting neighbours, not to give neighbours a veto.
Choosing a party wall surveyor
Party wall surveyors are not regulated by a single statutory body, so it is important to choose a qualified professional. Look for membership of the Royal Institution of Chartered Surveyors (RICS) or the Faculty of Party Wall Surveyors (FPWS), both of which require members to follow professional standards and hold professional indemnity insurance.
The 'agreed surveyor' route, where both you and your neighbour appoint the same person, is usually faster and cheaper than each appointing your own. It only works when both parties trust the surveyor to be impartial, which is worth discussing with your neighbour before they dissent. Your neighbour retains the right to appoint their own surveyor regardless of your wishes.
Beware of surveyors who advertise free notices and then quote very high fees for the award. The building owner pays the neighbour's reasonable surveyor costs too, so keep a close eye on scope and cost from the outset.
Do not skip the notice
Starting notifiable work without serving notice is a breach of the Act. Your neighbour can apply for an injunction to halt the project, and you may be liable for their legal costs. When buying a property where an extension or loft conversion was recently built, ask your conveyancer to confirm a valid party wall award exists. If no paperwork is found, indemnity insurance is sometimes used to cover the risk, but it is better to have proper documentation.