How to Invoke the Party Wall etc. Act 1996 – And Can Surveyors Determine That It Doesn’t Apply?

When planning building work that may affect a shared wall or structure, it's crucial to understand the legal framework that governs such alterations in England and Wales: the Party Wall etc. Act 1996. The Act provides a clear path for homeowners to follow to avoid disputes with neighbours by ensuring that they are properly notified and their concerns are addressed before work begins. But how do you invoke the Act—and perhaps more interestingly, can a surveyor decide it doesn’t apply in the first place?

Let’s explore both.

Understanding the Basics of the Act

The Party Wall etc. Act 1996 applies to three main types of work:

Work on an existing party wall or structure shared with another property.

New building at or astride the boundary line between properties.

Excavation within 3 or 6 metres of a neighbouring structure.

The purpose of the Act is to protect adjoining owners by making sure they’re informed and given the opportunity to consent (or dissent) to the proposed works. It does not prevent works from going ahead, but it ensures that they are carried out in a manner that reduces risk and outlines rights and responsibilities.

How to Invoke the Act

1. Determine if the Act Applies to Your Work

Before invoking the Act, assess whether the proposed building works fall under its jurisdiction. If you're unsure, consult a professional party wall surveyor. Common examples that do require notice under the Act include:

• Building a new wall on the boundary

• Cutting into a party wall to insert beams

• Increasing the height of a party wall

• Excavating for foundations near a neighbour’s property

2. Serve the Correct Party Wall Notice

Once it's clear that the Act applies, you must serve the appropriate notice(s) to the adjoining owner(s):

• Party Structure Notice – for work directly to a party wall or structure.

• Line of Junction Notice – for new walls astride or up to the boundary line.

• Notice of Adjacent Excavation – for digging near a neighbouring structure.

These notices must include detailed information about the work, the start date, and sometimes technical drawings. You must serve the notice at least two months before work begins (for most types), and it can be delivered by hand or post.

3. Wait for a Response

Your neighbour has 14 days to respond:

• Consent – You can proceed with the works.

• Dissent – A dispute arises, and surveyors must be appointed.

• No response – Legally treated as dissent after 14 days.

What Happens in Case of a Dispute?

If a dispute arises (i.e., the neighbour dissents or doesn’t reply), both parties appoint a party wall surveyor. They can either appoint the same agreed surveyor or separate ones. The surveyors will then draw up a Party Wall Award—a legal document outlining:

• The work allowed

• How and when it will be done

• Protective measures for the adjoining property

• Access rights

• Any financial responsibilities

Only once this award is agreed upon can work proceed.

Can a Surveyor Decide the Act Doesn’t Apply?

Now, here’s the nuanced part: yes, a surveyor can determine that the Act does not apply—but not in every case.

1. Surveyors as Dispute Resolvers, Not Enforcers

Party wall surveyors are appointed only after a dispute arises under the Act. Their role is to resolve disputes, not enforce or initiate the process. If a building owner is unsure whether the Act applies, a surveyor can give an opinion, but this is informal until a dispute is declared.

For example, if a neighbour dissents, and both parties appoint surveyors, those professionals must first determine whether the Act applies to the proposed work at all. If they conclude that it does not, then they’ll issue an Award of Non-Applicability or may choose not to issue an award at all.

2. Examples Where Surveyors May Conclude It Doesn't Apply

• The work is entirely within the boundary of the building owner and doesn’t affect the shared structure.

• Excavations are more than 6 metres away from the adjoining structure.

• The structure in question is not a party wall or not covered by the definitions in the Act.

• The works are deemed to be of a minor nature (e.g., superficial changes that don’t affect the structure or integrity of a shared wall).

This judgment can save both time and expense if the party wall process is unnecessarily initiated.

Why Getting Professional Advice Matters

Misjudging whether the Act applies—or failing to follow its requirements—can lead to legal consequences, delays, or neighbour disputes. Hiring a competent party wall surveyor ensures you:

• Avoid unnecessary procedures if the Act doesn’t apply

• Properly notify your neighbour if it does

• Are protected legally through documentation and fair resolution

Surveyors with extensive experience can often spot edge cases and advise accordingly—whether to proceed with notices or conclude informally that the Act does not apply.

What Happens If You Don’t Invoke the Act When Required?

This is a critical point. If you carry out notifiable work without serving notice and a dispute arises:

• You may be forced to stop work until compliance is achieved.

• The neighbour may seek an injunction through court.

• You could be held liable for damages if your work causes harm to their property.

Simply put, ignoring the Act is risky business.

The Party Wall etc. Act 1996 exists to prevent conflict between neighbours during building works—and it works best when properly invoked. That means:

• Understanding whether your work falls within the scope of the Act

• Serving the correct notices on time

• Respecting your neighbour’s right to consent or dissent

• Working with surveyors to resolve any disputes fairly and legally

And remember, while surveyors don’t trigger the Act, they do have the authority—once appointed—to judge whether it applies. If they determine it doesn’t, you may be spared unnecessary process. However, it’s always safer to seek expert advice before breaking ground or touching a shared wall.

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