What is the Party Wall Act? A beginner's guide
The Party Wall etc. Act 1996 explained in plain English: what it covers, who it protects and how the process works.
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In short
The Party Wall etc. Act 1996 is the law in England and Wales that sets out how to carry out building work to shared walls, on the boundary, or near a neighbour's foundations. It requires you to give your neighbours written notice and gives both of you a way to settle disagreements through impartial surveyors, rather than the courts.
Why the Act exists
Before 1996, party wall rules applied mainly in London. The Act extended a tried and tested system to the whole of England and Wales. It balances two things: your right to improve your property, and your neighbour's right not to have their property damaged or their life disrupted unreasonably.
What the Act covers
- Section 1: building a new wall on or up to the boundary
- Section 2: work to an existing party wall or structure, such as cutting in steels or removing a chimney breast
- Section 6: excavating near a neighbour's building
What it isn't
It isn't planning permission or building regulations, and it doesn't decide where the boundary is. It's a private process between neighbours. You may need planning approval, building control sign-off and party wall notices for the same project.
How the process works
| Notice | When it applies | Minimum notice | Neighbour's reply window |
|---|---|---|---|
| Section 1 line of junction | New wall on or astride the boundary | 1 month | 14 days |
| Section 2 party structure | Work to an existing party wall, floor or structure | 2 months | 14 days |
| Section 6 adjacent excavation | Digging within 3 m or 6 m of a neighbour's building, below its foundations | 1 month | 14 days |
If your neighbour consents in writing, you can go ahead once the notice period ends. If they dissent or don't reply in 14 days, surveyors prepare a party wall award setting out how the work will be done.
Who pays
The building owner, the person doing the work, normally pays the reasonable costs of both surveyors. See party wall surveyor fees.
Common questions
Does the Party Wall Act apply in Scotland?
No. The Act applies in England and Wales only.
Is the Party Wall Act the same as planning permission?
No. Planning permission comes from the council. The Party Wall Act is a separate private process between you and your neighbours.
Source: Party Wall etc. Act 1996 (applies in England and Wales).
Planning work near a neighbour?
Speak to a chartered surveyor before you start, not after.
