What Is the Party Wall Act?

The Party Wall etc. Act 1996 is a piece of UK legislation that provides a framework for preventing and resolving disputes between neighbours when one of them carries out building work that affects a shared wall, boundary, or nearby structure. It applies across England and Wales and covers a much broader range of situations than many homeowners realise.

What Does the Act Cover?

The Act is split into three main sections, each dealing with a different type of work:

• Section 1 — New walls built on the line of junction (the legal boundary between two properties). This includes garden walls built astride or immediately on the boundary.
• Section 3 — Works to an existing party wall or party structure, such as cutting into the wall to insert a steel beam, raising the height of the wall, or demolishing and rebuilding it.
• Section 6 — Excavation within 3 metres of an adjoining building if the excavation will go deeper than the neighbour's foundations, or within 6 metres if the excavation will cut a 45-degree line drawn from the bottom of the neighbour's foundation.

If your planned works fall into any of these categories, you are legally required to serve a written notice on your neighbour before starting.

Who Does the Act Apply To?

The Act applies to anyone who is the owner of a property and intends to carry out notifiable works. This includes freeholders, long leaseholders (leases of more than 21 years), and in some cases tenants with permission from their landlord.

The person serving the notice is called the building owner. The neighbour who receives it is the adjoining owner. Both parties have rights and responsibilities under the Act.

What Counts as a "Party Wall"?

A party wall is any wall that stands on the boundary between two properties and forms part of a building on each side — or any wall that belongs to one property but is used by the neighbour (for example as part of their structure). It does not have to be the external house wall; internal walls between terraced houses or semi-detached properties can also be party walls.

A party fence wall is a wall that divides two properties and does not form part of any building — a traditional garden wall, for instance.

What Happens After You Serve a Notice?

Once you serve the notice, your neighbour has 14 days to respond. There are two possible outcomes:

1. Consent — The neighbour agrees in writing. You can proceed with work on the agreed date. No surveyor is needed.
2. Dissent or no response — A dispute is deemed to have arisen. Both parties must appoint surveyors (or agree on a single "agreed surveyor") to draw up a party wall award setting out the terms under which work can proceed.

It is worth noting that the vast majority of neighbours do consent once they receive a professional-looking notice and understand what is planned. This is why serving the notice correctly — using proper statutory wording — is so important. You can generate a correct notice using our wizard for just £89.

Does the Act Apply to Every Type of Building Work?

No. Works that are entirely internal to your property and do not affect the party wall itself are not covered. For example, replacing your own kitchen, redecorating, or installing a new boiler does not require a party wall notice.

Works that commonly do require a notice include:

• Loft conversions that involve the party wall (e.g. inserting a structural beam into it)
• Rear extensions with foundations close to the boundary
• Chimney breast removal on a party wall
• Installing a steel beam that bears on the party wall
• Raising or underpinning the party wall

How Long Does the Process Take?

You must serve notice at least one month before starting Section 1 and Section 3 works. For Section 6 excavation works the statutory minimum is also one month (some practitioners recommend two months as a matter of good practice). The 14-day response window falls within this period, so in practice you need to plan ahead.

If a dispute arises and surveyors are appointed, producing an award typically takes a further four to eight weeks depending on how complex the works are and how cooperative the parties are.

Can I Carry Out Works Without a Notice?

Technically you can start work without serving a notice. However, this is a significant legal and practical risk. Your neighbour can apply to court for an injunction to stop the works immediately. Any damage caused is your liability, and you lose many of the legal protections the Act would otherwise give you.

Our notice generator produces the correct statutory forms for all four common work types in minutes — for just £89, a fraction of what a surveyor charges to draft the same document.

Is the Party Wall Act the Same as Planning Permission?

No. These are entirely separate requirements. Planning permission (or permitted development rights) relates to what you are allowed to build in terms of size, appearance, and use. The Party Wall Act is about protecting your neighbour's property during the construction process. You may need both — or neither — depending on the nature of your project.