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Party Wall & Boundary Matters
Clear, impartial advice under the Party Wall etc. Act 1996, whether you are planning work or your neighbour’s work affects you.
Overview
Building work
next door
Since the Party Wall etc. Act 1996 came into force, property owners in England and Wales have had a procedure to follow when building work involves a party wall or party fence wall, some excavations close to neighbouring buildings, and new walls at boundaries.
The Act is designed to minimise disputes by making sure property owners use a surveyor to determine the time and way in which work is carried out.
Whilst anyone can act as a party wall surveyor, it makes good sense to use a qualified building professional with experience and knowledge of party walls. Atlas employs specialists within this field and is therefore well positioned to act in this matter.
- England & WalesWhere the Act applies, to all owners including public bodies
- 14 daysFor a neighbour to respond to a notice
- 1–2 monthsMinimum notice before work can start
What counts
What is a
party wall?
The Act covers more than the wall between two terraced houses. Garden walls, floors between flats and walls built by one owner and used by another can all count.
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Astride the boundary
A wall standing on the boundary between two owners, forming part of one building or separating two.
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Party fence wall
A garden wall standing astride the boundary and separating two pieces of land. Wooden fences are not included.
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On one side, used by both
A wall built wholly on one owner’s land that both owners use to separate their buildings. Only the separating part is party.
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Party structure
A wider term that includes floors and partitions separating flats or parts of a building with separate entrances.
Not party walls: a garden wall built wholly on one owner’s land, or the external wall of a building built up to, but not astride, the boundary.
Notices
Which notice
do I need?
Choose the kind of work you are planning. One project can need more than one notice.
Party structure notice
2 months’ notice
The minimum before work starts, unless your neighbour agrees in writing to an earlier date. A notice lasts for a year.
No reply within 14 days? A dispute is deemed to have arisen, and the matter is settled by surveyors.
Work to an existing party wall or structure
The Act gives building owners rights to carry out work to a shared wall, as long as every adjoining owner is told first. Even cutting into your own side of the wall needs notice.
- Cutting in to take the bearing of a beam, for example for a loft conversion
- Raising the height of the wall, for example for an extra storey
- Underpinning or deepening the wall, for example for a basement
- Inserting a damp-proof course
- Demolishing and rebuilding a defective wall
- Cutting off projections such as a chimney breast
Minor work such as fixing shelves, recessing sockets or replastering usually needs no notice, provided it cannot affect the wall’s structure or the neighbour’s side.
Line of junction notice
1 month’ notice
The minimum before work starts, unless your neighbour agrees in writing to an earlier date. A notice lasts for a year.
No reply within 14 days? For a wall astride the boundary, you must build wholly on your own land, at your own cost. For a wall up to the boundary, work can start once the month has passed.
Building a new wall on or up to the boundary
Notice is needed whether the new wall will stand astride the boundary or wholly on your own land, built up to it.
- A new party wall or party fence wall astride the boundary, which needs your neighbour’s written consent
- A new wall wholly on your land, built up to the boundary
- Projecting foundations under the neighbour’s land where necessary; reinforced or special foundations need written consent
The Act cannot settle where a boundary lies. That is a matter for the courts or alternative dispute resolution.
3 m or 6 m notice
1 month’ notice
The minimum before work starts, unless your neighbour agrees in writing to an earlier date. A notice lasts for a year.
No reply within 14 days? A dispute is deemed to have arisen, and the matter is settled by surveyors.
Excavating near a neighbouring building
Notice is needed for excavations or new foundations close to, and deeper than, a neighbouring building’s foundations. Neighbours within these distances count as adjoining owners even if other land separates you.
- Within 3 m of their building or structure, and deeper than its foundations
- Within 6 m, where the work would cut a 45° line drawn down from the bottom of its foundations
- The notice must include plans and sections showing the location and depth of the work
- It must also say whether you propose to underpin or strengthen the neighbour’s foundations
Try the 3 m and 6 m checker below to see how the rules work.
Section 6
The 3 m and
6 m rules
Digging near a neighbour? Move the sliders to see whether an excavation or new foundation is likely to need a notice.
3 m rule
A notice is likely to be needed
Within 3 m of their building and deeper than its foundations.
The 3 m rule. Notice is needed for excavation or foundations within 3 m of a neighbour’s building or structure that go deeper than its foundations.
The 6 m rule. Notice is needed within 6 m where the work would cut a line drawn down at 45° from the bottom of the neighbour’s foundations.
An indication only, based on the government’s explanatory booklet. Foundation depths, ground conditions and the exact works all matter, and other parts of the Act may apply too. We can confirm what your project needs.
The process
From notice
to award
How a typical party wall matter runs, and where the key dates fall.
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Before you serve
01 Talk first
Discuss the work with your neighbour before any notice is served. Snags ironed out early usually mean a quicker consent.
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1 or 2 months before work
02 Serve the notice
In writing, naming every owner, describing the work and the start date: two months ahead for work to a party wall, one month for new walls and excavations.
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Within 14 days
03 The response
Your neighbour can consent, dissent or do nothing. For work to a party wall or nearby excavation, silence after 14 days counts as a dispute.
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If there is a dispute
04 Surveyors appointed
Either one Agreed Surveyor for both owners, or one each, who select a Third Surveyor in case they disagree. Surveyors act impartially under the Act.
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Before work starts
05 Schedule of condition
A written and photographic record of the neighbouring property, so any damage can be identified and made good.
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Before work starts
06 The Party Wall Award
Sets out what will be done, when and how, any protection needed, access for inspections and who pays the surveyors. Either owner has 14 days to appeal.
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During and after
07 Works and completion
Access is given on 14 days’ notice. The building owner makes good any damage, and the surveyors can check the work against the award.
How we help
For building owners
and neighbours
Impartial, practical advice under the Act, whichever side of the wall you are on.
Start an enquiryFor building owners
- 01
Does the Act apply?
We review your proposals and confirm which notices are needed, and who must receive them.
- 02
Notices
We prepare and serve the notices, with the plans and sections required for excavations.
- 03
Acting as surveyor
We act as Agreed Surveyor or as your appointed surveyor, agreeing a fair and practical award.
- 04
During the works
Schedules of condition before work starts, and inspections as the award allows.
For adjoining owners
- 01
Understanding the notice
We explain what the proposed work means for your property, and your options in reply.
- 02
Acting as your surveyor
We act for you under the Act. Where the work is solely for your neighbour’s benefit, they usually pay the surveyors’ costs.
- 03
Protecting your property
A schedule of condition, protective measures and, for intrusive work, security for expenses.
- 04
After the works
A final inspection against the schedule of condition, and agreement of any making good.
FAQ
Common
questions
Not sure whether the Act applies to your project? Our directors are happy to take a look.
Speak to a directorDoes the Act change who owns the wall?
No. Ownership and boundaries stay exactly as they were. The Act sets out what each owner may do, and the procedure to follow before doing it.
Can the Act settle a boundary dispute?
No. Surveyors acting under the Act cannot decide where a boundary lies. Boundary disputes are settled by the courts or by alternative dispute resolution, such as mediation.
I have planning permission. Do I still need to serve notice?
Yes. The Act is separate from planning and building regulations, and approval under one does not remove the need for the others.
If my neighbour consents, do I need a surveyor?
No. If no dispute arises there is no need to appoint one, although you must still avoid unnecessary inconvenience and make good any damage.
Who pays the surveyors?
The surveyors decide. Usually the building owner pays where the work is solely for their benefit.
What if a neighbour starts work without notice?
The Act has no enforcement process of its own, but an adjoining owner can seek a court injunction to stop the work. Take advice early.
General guidance only, not legal advice. Summarised from the government’s Party Wall etc. Act 1996 explanatory booklet (Crown copyright, Open Government Licence v3.0). Read the Act itself on legislation.gov.uk.
Get in touch
Planning work
near a neighbour?
Interested? Get in touch, we’d love to hear about your project. We will get back to you as soon as we can.