Questions

Party wall questions and answers

Straight answers to the questions we are asked most. If yours is not here, call us.

These answers describe how the Party Wall etc. Act 1996 usually works in England and Wales. Every project is different, so if your situation has a twist, ask us.

Questions we are asked most

What is a party wall?

A wall shared by two properties. Usually it straddles the boundary and forms part of both buildings, like the wall between two terraced houses. A wall on one owner's land that separates two buildings counts too, and so does a masonry garden wall that straddles the boundary.

What work needs a party wall notice?

Work to a shared wall, such as cutting in for beams, raising it, removing a chimney breast or underpinning; building a new wall on or up to the boundary; and digging near a neighbour's building, within 3 metres and deeper than its foundations, or within 6 metres and below a 45 degree line from them.

How much notice do I have to give?

Two months for work to a shared wall, and one month for a new boundary wall or an excavation.

Can the builder start before the notice period ends?

Only if your neighbour agrees in writing.

What happens if my neighbour does not reply?

For section 2 and 6 notices, after 14 days a dispute is treated as having arisen. You then send a request asking them to appoint a surveyor; if they have not done so within 10 days, you can appoint one on their behalf.

Do I need a surveyor if my neighbour agrees?

No award is needed if they consent in writing. You are still responsible for any damage, so a schedule of condition is often worth having anyway.

What is an agreed surveyor?

One surveyor appointed by both owners, who acts impartially for both. It is usually the quickest and cheapest way through the process.

Can my neighbour choose their own surveyor?

Yes. A neighbour does not have to accept the building owner's surveyor and can appoint their own.

Who pays the surveyors?

Usually the building owner pays the reasonable costs of both surveyors. Costs can be shared when work benefits both owners, such as repairs to a defective wall.

What is a party wall award?

The document the surveyors make to settle a dispute: what work can be done, how and when, how the neighbour's property is protected, and who pays. People often call it a party wall agreement.

How long does the whole process take?

At least the notice period: one or two months. With complete drawings and prompt replies, the award is usually agreed within that time.

Can a neighbour stop my building work?

No. The Act does not give a veto. It lets the neighbour have a say in how the work is done and protects their property.

What if the work damages my house?

The building owner must make good or pay compensation. Where surveyors are appointed, they settle how. Keep dated photos and raise it straight away.

My loft is permitted development. Do I still need notices?

Yes. Permitted development is about planning. The Party Wall Act is a separate law and still applies.

Does the Act apply to flats?

Yes. Floors and walls separating flats with their own entrances can be party structures, and leaseholders with leases of over a year count as owners.

Do I need a notice to replace a fence?

Not for a timber fence. The Act covers masonry walls, including garden walls that straddle the boundary.

Is the council involved?

No. Councils deal with planning and building control. Party wall matters are a private process between owners.

Is a party wall notice the same as planning permission?

No. They are separate. You may need planning permission, building regulations approval and party wall notices for the same project.

Tell us what is planned

Send the address and a line about the work, or a photo of the notice you have received. We will tell you which notices apply and confirm the fee in writing.

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