A Guidance to Inform Neighbours of Procedures and Obligations Under The Party Wall Act

If you’re planning construction work on or near a shared wall or boundary, it's not just good manners to inform your neighbours-it's a legal requirement. In England and Wales, the Party Wall etc. Act 1996 exists to prevent disputes between neighbours over building works that could affect shared structures or boundaries.

Understanding the procedures and obligations under the Party Wall Act is essential for a smooth and legally compliant process. Whether you're a homeowner planning an extension or a neighbour receiving notice, this guide explains what the Act is, how it works, and how to communicate with your neighbours properly.

What is the Party Wall etc. Act 1996?

The Party Wall Act provides a legal framework for preventing and resolving disputes related to certain types of building work. It applies when construction work affects:

• A shared wall (party wall) between two properties

• A wall or structure at the boundary of two properties

• Excavation near a neighbouring building (within 3 or 6 metres, depending on depth)

The Act doesn't prevent you from carrying out the work—it ensures that both you and your neighbour agree on the process, and that any necessary measures are taken to avoid or address damage.

Common Types of Work Covered by the Party Wall Act

You’ll need to follow the Act’s procedures if you’re planning:

• Building a new wall on or at the boundary

• Cutting into a party wall to insert beams or remove chimney breasts

• Increasing the height or thickness of a party wall

• Excavating within 3–6 metres of a neighbouring property, depending on depth

• Demolishing and rebuilding a boundary wall

Note: Simple jobs like plastering, adding shelves, or drilling small holes into party walls usually don’t require notice.

Why Informing Neighbours Matters

Informing your neighbours is not just a legal obligation—it’s a vital step in maintaining good relations and avoiding costly disputes. The Party Wall Act gives neighbours the right to:

• Receive formal notice before work starts

• Consent to or dissent from the proposed works

• Appoint a surveyor to protect their interests

By following the correct procedures and being transparent, you show respect and give your neighbours time to raise concerns or ask questions.

Step-by-Step Guidance for Informing Neighbours

Step 1: Identify If the Act Applies

Before contacting your neighbours, determine if the work falls under the Party Wall Act. If you're unsure, consult a party wall surveyor or check guidance from the Department for Levelling Up, Housing and Communities.

Step 2: Prepare a Party Wall Notice

You must give written notice to all affected neighbours at least two months before starting work (one month for excavation). This notice should include:

• Your name and address

• A description of the proposed work

• The address of the building where the work will take place

• The date you plan to start

You can write the notice yourself, but it must meet legal requirements. Templates are available online, or a surveyor can draft it for you.

Step 3: Deliver the Notice

The notice can be:

• Hand-delivered

• Sent by post

• Emailed (if agreed in advance)

The recipient has 14 days to respond. They can:

• Consent to the works (in writing)

• Dissent and appoint a surveyor

• Do nothing (which is treated as dissent)

If they dissent or fail to reply, the dispute resolution procedure begins.

What Happens if There’s a Dispute?

A “dispute” under the Party Wall Act doesn’t have to mean hostility. It simply means your neighbour hasn’t agreed to the work. In this case:

• Both parties appoint a surveyor (or agree on a single surveyor)

• The surveyor(s) prepare a Party Wall Award, a legal document that:

• Details the proposed work

• Specifies how and when it will be carried out

• Confirms measures to protect the neighbouring property

• Records the condition of the neighbour’s property before work begins

The award is legally binding, and either party can appeal it in court within 14 days.

The Role of a Party Wall Surveyor

A party wall surveyor is impartial—even if you’re the one paying. Their duty is to ensure that the work complies with the Act and that both parties are protected.

Surveyors will often:

• Carry out a Schedule of Condition (a photographic report of your neighbour’s property)

• Determine how work should proceed to avoid damage

• Monitor the work, if necessary

Surveyors’ fees are usually paid by the building owner carrying out the work.

What If You’re the Neighbour Receiving a Notice?

If you receive a party wall notice, don’t panic. You have rights under the Act. Here’s what to do:

Review the notice carefully and understand what work is being proposed.

Decide how to respond:

Consent (if you’re happy with the proposed work)

• Dissent and appoint your own surveyor

• Dissent and agree to share a surveyor (cheaper and faster)

If you’re unsure, it’s wise to speak to a surveyor for advice before responding.

What Happens If You Don’t Follow the Party Wall Act?

If you skip the process or start work without serving notice:

• Your neighbour could seek an injunction to stop the work

• You may be liable for any damage, even if minor

• You might be forced to undo completed work

Non-compliance can lead to delays, legal costs, and strained neighbour relations. Always follow the Act—even if your neighbour is friendly and informal.

Tips for a Smooth Party Wall Process

• Communicate early: Talk to your neighbours before sending a formal notice. A friendly heads-up goes a long way.

• Use a professional: If the work is complex, hire a party wall surveyor to manage the process properly.

• Document everything: Keep records of notices, responses, and agreements.

• Be flexible: Accommodating reasonable concerns from your neighbour can prevent disputes.

Final Thoughts

The Party Wall Act is a powerful tool for maintaining peace and clarity during building works. Whether you're the person doing the work or the one next door, understanding your rights and responsibilities is crucial.

Informing your neighbours properly under the Party Wall Act isn’t just about following the law—it’s about building trust, avoiding conflict, and ensuring that any work goes ahead safely and respectfully.

If you’re in any doubt, seek advice from a qualified party wall surveyor or legal professional. Taking the time to follow the correct procedures now can save a lot of trouble later.

For more information you can call Express Party Wall Surveyor at 020 3633 0823 or contact us