f you are planning building works that affect a shared wall or are close to a neighbouring property, the Party Wall etc. Act 1996 may apply.

The Act is designed to prevent and resolve disputes between neighbours where building works could affect adjoining structures.

This guide explains:

• When the Act applies
• What Sections 1, 2 and 6 mean
• How the notice process works
• What happens if neighbours dissent
• Who pays the surveyors’ fees
• Common misconceptions

What Is The Party Wall Act 1996?

The Party Wall etc. Act 1996 is legislation that applies across England and Wales.

It sets out a framework for:

• Serving notice before certain building works
• Resolving disputes through surveyors
• Protecting adjoining properties

It does not prevent works from happening.
It regulates how they are carried out.

When Does The Party Wall Act Apply?

The Act typically applies in three situations:

1. Building a new wall at the boundary (Section 1)
2. Carrying out works directly to a party wall (Section 2)
3. Excavating near a neighbouring structure (Section 6)

If your works fall into one of these categories, notice must be served.

Section 1 – Building On The Line Of Junction

Section 1 applies where a new wall is built:

• Up to the boundary line
• Astride the boundary

This commonly affects rear extensions and new boundary walls.

If your neighbour refuses consent to build astride the boundary, the wall must be built wholly on your own land.

(Internal link here to your Section 1 page)

Section 2 – Works To An Existing Party Wall

Section 2 applies where works are carried out directly to a shared wall or structure.

This includes:

• Loft conversion steel beams
• Chimney breast removal
• Raising or thickening a party wall
• Underpinning

A Section 2 Notice must be served at least two months before works commence.

(Internal link to Section 2 page)

Section 6 – Adjacent Excavation Works

Section 6 applies where excavation works:

• Are within 3 metres and deeper than neighbouring foundations
• Fall within 6 metres and intersect a 45-degree line

This commonly applies to rear extensions and basements.

A Section 6 Notice must be served at least one month before works begin.

(Internal link to Section 6 page)

What Happens After A Notice Is Served?

Once served, the Adjoining Owner may:

• Consent
• Dissent and appoint their own surveyor
• Agree to use a single Agreed Surveyor

If a dissent arises, surveyors prepare a Party Wall Award.

The Award regulates:

• The works
• Safeguards
• Access
• Protection measures
• Surveyors’ fees

What Is A Party Wall Award?

A Party Wall Award is a legally binding document prepared by appointed surveyor(s).

It sets out:

• The approved scope of works
• Protective measures
• A Schedule of Condition
• Rights of access
• Dispute resolution provisions

The Award protects both parties.

Who Pays The Surveyors’ Fees?

In most cases, the Building Owner pays:

• Their own surveyor
• The Adjoining Owner’s surveyor
• The cost of preparing the Award

However, each case depends on circumstances.

Common Misconceptions

“My architect said I don’t need a notice.”

Architectural advice does not override statutory requirements.

“If my neighbour ignores the notice, I can proceed.”

Silence results in a deemed dispute — surveyors must be appointed.

“The Act allows my neighbour to stop my works.”

The Act does not prevent works — it regulates them.

Why Early Advice Matters

We frequently see delays caused by:

• Incorrectly drafted notices
• Misunderstanding of excavation depth
• Poor structural detailing
• Failure to assess neighbouring foundations

Early professional advice avoids unnecessary delay and cost.

Speak To A Party Wall Surveyor

If you are planning works or have received a notice, we can advise quickly and clearly on your position under the Party Wall Act 1996.

Call 020 3727 5195
Or contact us via our enquiry form.

Need Professional Advice?

Contact Christopher Anthony Surveyors for clear advice and professional support.
Get in touch with us or read more about our Party Wall Surveying Services.

Areas We Cover
Christopher Anthony Surveyors provide professional Party Wall Surveyor services across London and the surrounding areas, including Hackney, Islington, Camden, Haringey, North London, East London, South London, West London, Bexley, Essex, Hertfordshire, Surrey, and Kent.

Our coverage also extends to Tower Hamlets, Waltham Forest, Enfield, Barnet, Southwark, Greenwich, Lewisham, Bromley, Croydon, Lambeth, Hammersmith & Fulham, Wandsworth, Merton, Kingston upon Thames, Ealing, Brent, Harrow, Hillingdon, Richmond upon Thames, and Sutton.

We continue to expand our reach — explore your local area page to learn more about Party Wall services near you.