10 Common Questions About Party Wall Issues — Answered Clearly
When planning any construction or renovation near a shared boundary, it’s essential to understand the Party Wall etc. Act 1996. Many property owners in England and Wales are unsure of their rights and obligations under this law, leading to confusion, disputes, or costly delays. To help clarify things, this blog answers ten common questions about party wall issues, providing practical insights for homeowners, builders, and neighbours alike.
1. What Is a Party Wall?
A party wall is a wall shared by two adjoining properties. It might form part of both buildings’ structures (such as a separating wall between terraced houses) or stand on the boundary line dividing two lands. The term also extends to party structures, such as shared floors or ceilings in flats, and party fence walls, which are built astride a boundary but not part of a building.
Understanding whether your project involves a party wall is the first step in determining if the Party Wall Act applies.
2. What Is the Party Wall etc. Act 1996?
The Party Wall etc. Act 1996 provides a legal framework for preventing and resolving disputes relating to party walls, boundary walls, and excavations near neighbouring buildings.
Its purpose is to protect both property owners by ensuring that one does not carry out work that could compromise the other’s building. The Act covers:
- Work on existing party walls or structures.
- Construction of new walls at or astride the boundary line.
- Excavation within 3 to 6 metres of a neighbouring structure, depending on depth.
3. When Do I Need to Serve a Party Wall Notice?
You must serve a Party Wall Notice before starting any work that falls under the Act. This includes:
- Cutting into a shared wall to insert beams (for loft conversions).
- Removing or rebuilding a party wall.
- Digging foundations close to your neighbour’s property.
- Building a new wall on or at the boundary line.
The notice must be served at least two months before the intended start date for structural work (or one month for excavation work).
4. Who Can Serve a Party Wall Notice?
While property owners can technically serve a notice themselves, it’s highly recommended to use a qualified party wall surveyor. A surveyor ensures that the notice includes all required information, such as the proposed work details, start date, and contact information, and that it complies with the Act. Incorrect or incomplete notices can delay your project or make it legally invalid.
5. What Happens After Serving a Party Wall Notice?
Once your neighbour (known as the adjoining owner) receives the notice, they have 14 days to respond in one of three ways:
- Consent: They agree to the work proceeding.
- Dissent and Appoint a Surveyor: They disagree and choose their own surveyor.
- Dissent and Agree to One Surveyor: Both parties appoint a single Agreed Surveyor to act impartially.
If they fail to respond within 14 days, it is treated as a dispute, and surveyors must be appointed to resolve it.
6. What Is a Party Wall Award?
A Party Wall Award (or Agreement) is a legally binding document prepared by one or more surveyors. It outlines:
- The type and method of work allowed.
- How and when the work should be done.
- Protective measures for the adjoining property.
- Access rights for surveyors or contractors.
- A Schedule of Condition (a detailed record of your neighbour’s property before work begins).
The award helps protect both parties in case of future disputes about damage or disruption.
7. Who Pays for the Party Wall Surveyor?
In most cases, the building owner, the person proposing the work, pays for all reasonable surveyor fees, including their neighbour’s surveyor if one is appointed. This is because the building owner is the one initiating the work.
However, if the adjoining owner requests additional reports, modifications, or delays the process, they might be asked to share part of the cost.
8. What If My Neighbour Refuses to Cooperate?
If your neighbour refuses to respond or continually blocks progress, you still have legal options. Under the Party Wall Act, their silence is treated as a dispute, which means you can appoint a surveyor on their behalf after the 14-day notice period expires.
The appointed surveyors will then act impartially to issue a Party Wall Award, allowing you to continue lawfully with your project while ensuring your neighbour’s property is protected.
9. What Happens If I Ignore the Party Wall Act?
Skipping the Party Wall process can lead to serious consequences, such as:
- Legal action from your neighbour.
- Injunctions halting your construction work.
- Claims for damages if your work causes cracks or subsidence.
- Increased costs and project delays.
Moreover, your insurance may not cover any resulting damage if the proper legal procedure wasn’t followed. Always comply with the Act before starting any construction near shared boundaries.
10. Can Party Wall Issues Delay My Project?
Yes, party wall procedures can take several weeks or even months depending on complexity, surveyor availability, and neighbour cooperation. It’s crucial to factor this timeline into your project schedule.
However, working with an experienced Party Wall Surveyor helps minimize delays. They handle communication, documentation, and negotiations, ensuring the process runs smoothly and your project stays compliant.
Bonus Tip: Communicate Early and Clearly
The key to avoiding party wall disputes is open communication. Speak with your neighbours before sending formal notices. Explain your plans, share drawings, and reassure them that you’ll protect their property. Friendly discussions often lead to faster consents and fewer complications.
Conclusion
Party wall issues don’t have to be stressful. With the right understanding of the Party Wall etc. Act 1996, proper planning, and professional guidance, you can carry out your project confidently and legally.
If you’re planning work near a shared boundary, consider consulting a qualified Party Wall Surveyor early in your project. They’ll guide you through notice preparation, serve documents correctly, and handle any disputes professionally, protecting both you and your neighbour’s interests.
For friendly professional advice, contact us or call now and speak with a specialist Party Wall Surveyor.









