Ross Elliott Surveying
Specialist Surveying Services
Party Wall Guide
Works to a residential or commercial property can affect a party wall, party structure, boundary wall, or nearby excavation. Where such works are proposed, the Party Wall etc. Act 1996 provides a statutory procedure that regulates how the works are carried out and sets out the rights and duties of the Building Owner and the Adjoining Owner.
This guide explains the main steps, so you know what to expect before instructing a surveyor. It is written for both Building Owners (those carrying out works) and Adjoining Owners (the neighbours).
The Party Wall etc. Act 1996
The Party Wall etc. Act 1996 is legislation that sets out a defined procedure to be followed before works commence, with the intention of regulating risk and providing a mechanism for dispute resolution.
The Act is in part an enabling Act. It grants the Building Owner statutory rights that go beyond common law, including the right to cut into a party wall, to excavate close to an Adjoining Owner’s foundations, and a right of access to the Adjoining Owner’s land where reasonably required to carry out the works. In exchange, the Act imposes duties on the Building Owner, including serving notice, following the prescribed procedure, and meeting the reasonable costs of the process.
The Act does not grant planning permission or building regulation approval. Its purpose is to enable notifiable works to proceed, to control the manner in which they are carried out, and to safeguard adjoining property.
Notifiable works
The Act applies to a range of works, including works to a party wall or party structure, such as cutting into, raising, lowering, or rebuilding it. Works to construct a wall on or up to the line of junction are also notifiable.
Excavation works are notifiable where they are within 3 metres of a neighbouring structure and to a depth lower than its foundations, or within 6 metres where the excavation falls within a line drawn at 45 degrees downwards from the base of the neighbouring foundations.
Common examples include domestic extensions, basement construction, loft conversions affecting party walls, removal of chimney breasts from shared walls, and commercial alterations or redevelopment works close to adjoining property.
Non-notifiable works
Minor works that do not affect the structural or shared function of a wall are generally not notifiable. These typically include redecorating, replastering, fitting shelves, electrical works, and other works of a similar nature.
Building Owners and Adjoining Owners
The Building Owner is the person or organisation proposing to carry out the works. This may be a freeholder or a leaseholder with sufficient legal interest.
The Adjoining Owner is any person or organisation with an interest in neighbouring land or buildings that may be affected by the works. This may include freeholders, leaseholders, and commercial occupiers.
Party wall notices
Before commencing any notifiable works, the Building Owner is required to serve written notice on all relevant Adjoining Owners. The Act sets out three main types of notice. The type required depends on the proposed works, and more than one notice is often needed.
Section 3 — party structure notice. Required for works directly affecting a party wall or party structure, including cutting in, inserting beams, raising the wall, or similar. Must be served at least two months before work starts.
Section 6 — excavation notice. Required where excavations are within 3 metres of a neighbouring property and deeper than their foundations, or within 6 metres where a 45 degree line from the neighbour’s foundation would intersect the new excavation. Must be served at least one month before work starts, with plans and sections.
Section 1 — line of junction notice. Required where a new wall is proposed at or close to the boundary. Building astride the boundary requires the neighbour’s written consent. Without consent, the wall must be built wholly on your land, although projecting foundations may still be allowed. Must be served at least one month before work starts.
How adjoining owners can respond
Adjoining Owners can respond in one of three ways.
- Consent. Works can proceed after the notice period expires, or sooner if confirmed in writing.
- Consent subject to a Schedule of Condition. A dated record of the property’s condition is taken before works start.
- Dissent. A dispute is deemed to have arisen under the Act and surveyors must be appointed.
If an Adjoining Owner does not respond within 14 days of service, the Act treats this as deemed dissent. A further written request is then served requiring them to appoint a surveyor within 10 days. If they still do not appoint, a surveyor can be appointed on their behalf so the matter can progress.
Disputes and Party Wall Awards
Where a dispute arises, the owners must appoint either one Agreed Surveyor acting impartially for both parties, or a surveyor each. The appointed surveyor or surveyors then determine the matter by way of a Party Wall Award.
The Award regulates the manner in which the works are to be carried out and typically includes provisions relating to access, working hours, protective measures, and responsibility for damage. A Schedule of Condition of the adjoining property is normally prepared prior to commencement.
Once the Award is served, either owner has 14 days to appeal to the County Court. If no appeal is made within that period, the Award becomes binding on the parties.
Notifiable works under section 3 must commence within 12 months of the original notice being served. If works do not start within that period, new notices will be required. This time limit comes from the notice, not the Award itself, but the effect is the same.
After completion of the works, claims for damage are subject to the normal statutory limitation period, which is generally six years for damage to property.
The Award is not personal to the owners. It attaches to the properties, so if either property is sold, the Award passes to the new owners and remains effective.
In the majority of cases, the reasonable costs of the party wall process are met by the Building Owner, as the party benefiting from the works. This is set out at section 11 of the Act, and the Adjoining Owner’s reasonable surveyor’s fees are normally payable under section 10(13).
Schedule of Condition
A Schedule of Condition is not a statutory requirement, but it is strongly recommended and is normally undertaken. It provides a dated written and photographic record of the Adjoining Owner’s property before works begin. It offers important protection should damage be alleged later, and helps avoid disputes.
Where chimneys or flues are affected, a CCTV flue survey may also be appropriate.
Timescales
Timescales depend on how each Adjoining Owner responds. If they consent in writing, work can usually proceed once the statutory notice period has expired. If they dissent, a Party Wall Award is required, and further time is needed to prepare, negotiate, and serve it.
Timescales can also be affected by the quality of the drawings and by whether structural engineering input is needed.
Security for expenses
Under section 12 of the Act, an Adjoining Owner can request security for expenses. This is more common where excavations or heavier structural works are proposed. The amount and form are agreed between the parties or, if required, determined by the surveyor.
Other points worth knowing
A contractor’s method statement should be available for reference in any Award.
The party wall process is separate from planning permission and building control approval. Notices are still required even where those consents are in place.
Once the correct notices have been served and the notice period has expired, the Act gives the Building Owner a legal right of access to the Adjoining Owner’s land where reasonably required to carry out the works. This avoids the need for separate access agreements and clearly sets out access, protection, and reinstatement in the Award.
Recording the condition of the Adjoining Owner’s property in advance and setting out how any damage will be dealt with helps limit disputes and control costs while allowing the works to proceed with greater certainty.
How I can help
I act as a Party Wall Surveyor in accordance with the provisions of the Party Wall etc. Act 1996 and established professional guidance. I act for both Building Owners and Adjoining Owners on domestic and commercial projects.
My role includes advising on the applicability of the Act, preparing and serving notices, undertaking Schedules of Condition, agreeing access and protective measures, and making Party Wall Awards where required. I also liaise with project teams, contractors, and professional advisers as appropriate.
The aim is to administer the statutory process in a clear and proportionate manner, to regulate risk, and to enable works to proceed with certainty while safeguarding adjoining property.
What a party wall surveyor does, and does not do
A party wall surveyor administers the procedures required under the Act and acts independently. The role focuses on the statutory process. It does not include project management, design responsibility, quality of workmanship, planning matters, or the determination of boundary ownership or legal boundaries.
Next steps
If you are planning works that may be notifiable, get in touch with the proposed drawings and I can confirm which notices are required and provide a fee proposal.
I am a Member of The Faculty of Party Wall Surveyors. For additional information, please click the links below:
Insurance Reinstatement Valuations
What it is
A reinstatement cost valuation (also called a rebuild cost assessment or building sum insured) provides an estimate of how much it would cost to completely rebuild a property from the ground up if it were destroyed, for example by fire, flood, or structural failure. The valuation includes the cost of demolition and site clearance, rebuilding materials, labour, access arrangements, and the professional fees required to complete the project such as architects, engineers, and surveyors. It also accounts for compliance with current building regulations and statutory requirements. The figure represents the realistic cost of reinstating the building to its existing form and specification, but it does not include the market value of the land itself.
Why it matters
Having an accurate reinstatement valuation is essential to ensure adequate insurance cover. If the declared sum insured is set too low, you risk being underinsured, which may result in only part of a claim being met by your insurer. If it is set too high, you may end up paying unnecessarily high premiums. Insurers, lenders, and lease agreements often require an up-to-date valuation to confirm that the property is insured for the correct amount. This gives peace of mind that, in the event of a major incident, the full cost of reinstating the property is covered.
How it is carried out
The valuation process involves a site inspection to record the structure, materials, age, layout, special features, and overall condition of the property. From this, the likely cost of demolition, site preparation, and rebuilding is calculated using current cost data for materials and labour. Professional fees, statutory approvals, and other necessary expenses are factored in, along with allowances for inflation, contingencies, and any complexities such as restricted access or unusual design elements.
Deliverable
The outcome is a formal reinstatement cost valuation report. This sets out the recommended sum insured, along with the assumptions made in reaching the figure. The report can be relied upon by insurers, lenders, landlords, and leaseholders to confirm that the insurance cover in place is both accurate and appropriate.