What is the Party Wall etc. Act 1996?+
The Party Wall etc. Act 1996 is a piece of legislation that applies in England and Wales. It provides a framework for preventing and resolving disputes between neighbours when one party wishes to carry out building works that affect a shared wall, boundary or structure. It gives building owners the right to carry out certain works, while providing adjoining owners with protection and rights throughout the process.
What works does the Act cover?+
The Act covers three main categories: works to party structures (such as cutting into, raising or repairing a party wall), building new walls at or astride the boundary line, and excavations within 3 or 6 metres of a neighbouring structure depending on the depth. Common domestic examples include rear extensions, loft conversions, basement excavations, chimney breast removals and new-build developments near boundaries.
Do I need a party wall surveyor?+
If your works fall under the Act and your neighbour dissents (or doesn't respond within 14 days), a surveyor must be appointed. You can appoint the same agreed surveyor as your neighbour, or each appoint your own. Even where your neighbour consents, it's worth taking advice to make sure the notice is correctly drafted and your position is protected. A defective notice can cause significant delays to your project.
What is a party wall award?+
A party wall award (sometimes called a party wall agreement) is a legally binding document prepared by the appointed surveyor or surveyors. It sets out the rights and obligations of both parties, the working method for the proposed works, and provisions for making good any damage. Once an award is in place, the building owner can proceed with works in accordance with its terms.
What is a schedule of condition?+
A schedule of condition is a photographic and written record of the state of the neighbouring property before works begin. It documents existing cracks, defects and the general condition of walls, ceilings, floors and the exterior. If damage is alleged after the works, the schedule provides clear evidence of what was and wasn't pre-existing. It forms part of the party wall award and is prepared at the building owner's expense.
How much does a party wall surveyor cost?+
Fees vary depending on the complexity of the works, the number of adjoining owners, and whether the matter proceeds by way of an agreed surveyor or two separate surveyors. For a straightforward single-neighbour residential matter, building owner fees typically start from around £600–£900 plus VAT. For adjoining owners, fees are in most cases paid by the building owner. We provide clear, transparent quotes upfront — contact us with your drawings for a specific figure.
How long does the process take?+
Notice periods under the Act are one or two months depending on the type of notice. Once notices are served and a surveyor is appointed, the time to produce an award depends on the complexity of the works and how quickly the parties and their surveyors can agree terms. For a straightforward matter, expect four to eight weeks from notice to award. We work efficiently and aim to avoid unnecessary delays.
What happens if I ignore a party wall notice?+
If you are an adjoining owner and don't respond within 14 days, a dispute is deemed to have arisen and surveyors will be appointed regardless. You don't lose your right to have a surveyor — but you lose control over the process. If you are a building owner and proceed without serving valid notices, your neighbour can apply for an injunction to stop the works. Always take advice as soon as a notice is received or before starting notifiable works.
Can I use an agreed surveyor?+
Yes. Under Section 10(1)(a) of the Act, both parties can agree to appoint a single agreed surveyor who acts impartially on behalf of both. This is often faster and cheaper than each party appointing their own surveyor. We act as agreed surveyor on many instructions. It works best where both parties have a reasonable relationship and trust the surveyor to act fairly.
My neighbour has started works without serving notice — what do I do?+
If works are underway without valid notices having been served, you have several options. You can seek an injunction to halt works pending compliance with the Act. Even if works have already started, the Act's procedures can still be invoked. Contact us as soon as possible — the sooner you act, the more options you have.
Does the Act apply to flats?+
Yes. Party walls include floors and ceilings between flats as well as walls between properties. If you own a flat and are planning works that affect a party structure — including removing internal walls that form part of a party structure or carrying out works that could affect the flat above or below — the Act may apply. Both leaseholders and freeholders can be "owners" for the purposes of the Act.