Tayross Associates Chartered Building Surveyors | Party Wall Rates London | Party Wall Surveyor West London | Building/Structural RICS Survey London

If you’re planning building works that may affect a neighbour’s property, the Party Wall etc. Act 1996 is something you need to get right early.

As the Building Owner (the person carrying out the works), the Act gives you rights — but it also places clear legal duties on you. Getting the process wrong can lead to delays, disputes, and potentially court action.

Here are the 10 most important things you should know.

1) The Act applies across England and Wales and is designed to prevent disputes

The Party Wall etc. Act 1996 applies in England and Wales and provides a framework for preventing and resolving disputes relating to party walls, boundary walls, and nearby excavations. It is not just for “party wall” works in the everyday sense.

2) Planning permission and Building Regulations do not replace Party Wall procedures

A very common mistake is assuming that planning approval or building control sign-off means you can start. It doesn’t.

Party Wall matters are separate. Even if you have planning permission and Building Regulations approval, you still need to comply with the Party Wall Act where relevant. GOV.UK guidance makes this distinction clear.

3) You must first check whether your proposed works are covered by the Act

The Act commonly applies to:

• Work to an existing party wall / party structure (section 2)
• Building a new wall on or at the boundary line (section 1)
• Excavations near neighbouring buildings (section 6), including the well-known 3m and 6m excavation rules in certain cases

If your project includes extensions, basement works, or structural alterations near a shared wall, it very often falls within the Act.

4) You must serve the correct written notice before starting work

If the Act applies, you must serve a formal written notice on the adjoining owner(s) before works begin.

The notice should include key details such as:

• your name and address
• the address where the works are planned
• a description of the proposed works
• the proposed start date

Notices can be served electronically only if the adjoining owner has agreed to receive notices that way.

5) Notice periods are strict and vary depending on the type of work

The minimum notice periods are not all the same:

• 2 months for many works to an existing party wall/party structure
• 1 month for line of junction and excavation notices (in many cases)

Starting work too early (before the notice period has expired, or before the dispute process is resolved) is one of the quickest ways to create a problem.

6) Your neighbour has 14 days to respond, and silence can trigger a dispute

Once notice is served, the adjoining owner normally has 14 days to respond.

They may:

• Consent
• Dissent
• Or not reply (which, for many notice types, can result in a deemed dispute)

If a dispute arises, the Act’s surveyor process must be followed before the relevant works proceed.

7) If there is a dispute, a Party Wall Award is required

If the adjoining owner dissents (or a dispute is deemed to arise), the issue is resolved by:

• an Agreed Surveyor (one surveyor acting impartially for both sides), or
• two surveyors (one appointed by each owner), with a Third Surveyor in reserve

The surveyor(s) then issue a Party Wall Award, which typically sets out:

• what work can be done
• how and when it must be carried out
• protective measures
• access arrangements
• responsibility for costs/fees

This is a key legal document, and you should not start covered works until the process is properly concluded.

8) You are usually responsible for the surveyors’ reasonable costs

In most straightforward cases, the Building Owner pays the reasonable fees associated with the Party Wall process, including surveyors’ fees, because it is your works that have triggered the procedure.

The Act addresses costs, and surveyors commonly allocate them in the Award. Budgeting for this at the outset helps avoid surprises.

9) A Schedule of Condition is one of the best protections for everyone

A Schedule of Condition is a written and photographic record of the adjoining owner’s property before works start.

It is not always mandatory under the Act, but it is strongly recommended and often included in an Award because it:

• protects the neighbour (evidence of pre-existing condition)
• protects you (helps avoid false or exaggerated damage claims)
• makes dispute resolution easier if damage is alleged later

For Building Owners, this is one of the smartest steps you can take.

10) If you cause damage, you may have to compensate the adjoining owner

The Act provides for compensation where the adjoining owner suffers loss or damage due to works carried out under the Act.

It also requires works to be carried out in a way that avoids unnecessary inconvenience. In practical terms, that means good planning, proper contractors, and compliance with the Award are essential.

Final practical point for Building Owners

The biggest delays usually happen because the Party Wall process is started too late.

If your project may involve:

• a loft conversion with steelwork into a party wall
• a rear extension near the boundary
• basement or deep excavation works
• structural alterations to a shared wall

…you should check Party Wall requirements early, ideally before finalising your start date.

Call me to discuss your project

If you ring me on my mobile number (07976) 820628, I’m always happy to discuss further.