Last reviewed: by R Gabriel Carpentry & Builders
The Party Wall Act (Party Wall etc. Act 1996) applies in England and Wales when building work affects a shared wall, builds a new wall on the boundary, or excavates near a neighbour's foundations. You must serve written notice: 2 months before work on a party wall and 1 month before boundary walls or excavations.
At a glance
- Law
- Party Wall etc. Act 1996
- Applies in
- England and Wales
- Party wall work
- 2 months' notice
- New boundary wall / excavation
- 1 month's notice
- Neighbour responds within
- 14 days
- If they dissent
- Surveyor(s) appointed to agree an award
What work does the Party Wall Act cover?
The Act covers three kinds of work:
| Type of work | Examples | Notice period |
|---|---|---|
| Work on an existing party wall (section 2) | Cutting in steel beams for a loft or knock-through, raising or thickening the wall, underpinning | 2 months |
| New wall at the boundary (section 1) | Building an extension wall on or astride the boundary line | 1 month |
| Excavation near neighbouring buildings (section 6) | Foundations within 3 m and deeper than the neighbour's, or within 6 m where a 45° line from their foundations is crossed | 1 month |
Minor work such as fixing shelves, plastering or rewiring sockets in a party wall is not covered.
How do you serve a party wall notice?
- Prepare the notice – it must be in writing and describe the work, with drawings for excavations.
- Serve it on every adjoining owner – including freeholders and long leaseholders, not just occupiers.
- Wait for a response – the neighbour has 14 days to consent or dissent in writing.
- Start within a year – a notice lapses if the work hasn't started within 12 months.
What happens if your neighbour doesn't agree?
If the neighbour dissents, or doesn't reply within 14 days, a dispute is treated as having arisen. Both owners can appoint one agreed surveyor, or each appoint their own. The surveyor or surveyors then prepare a party wall award, which sets out what work can be done, how and when, and usually includes a record of the condition of the neighbour's property. The building owner normally pays the surveyors' fees.
Who is responsible for serving notice: you or the builder?
The legal duty is on the building owner, which is usually you. Many homeowners use a party wall surveyor to prepare and serve notices. A good builder will flag early in the project when the Act applies, so the timing doesn't hold up the start date.
The Party Wall Act: frequently asked questions
Do I need a party wall agreement for a rear extension?
Often, yes. If the extension foundations are within 3 metres of a neighbour's building and deeper than theirs, or the wall is built on the boundary, you must serve notice under the Party Wall Act.
How much notice do I need to give my neighbour?
Two months for work on an existing party wall, and one month for a new wall on the boundary or excavations near their foundations.
What if my neighbour ignores the notice?
If they don't respond within 14 days, a dispute is treated as having arisen and surveyors are appointed to agree a party wall award.
Can my neighbour stop my extension under the Party Wall Act?
No. The Act sets out how the work is done and protects both owners, but it doesn't give the neighbour a veto. Planning permission is a separate matter.
Who pays for the party wall surveyor?
The building owner usually pays the surveyors' reasonable fees, including the neighbour's surveyor if they appoint their own.
Sources and further reading
Related guides and services
This guide covers the general rules in England and is not a substitute for advice on your own property. Rules change, so check the official sources above before you start.
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