The Party Wall etc. Act 1996 applies when building work could affect a shared wall/structure, a boundary wall, or the ground near a neighbouring property in a way that may influence support, stability, or cause damage. If your project falls into one of the categories below, you’ll usually need to follow the Act’s notice and agreement process before work starts.
Situations covered by the Act
1) Building at the boundary
You may be covered by the Act if you plan to:
- Build a new wall up to the boundary line between two properties
- Build a wall astride (on) the boundary (this typically requires the neighbour’s agreement)
- Rebuild or replace a boundary wall that sits on the line of junction (e.g., certain garden walls)
2) Work to an existing party wall or party structure
The Act commonly applies when you intend to:
- Alter, repair, cut into, or demolish a party wall
- Cut pockets for steel beams (often for extensions, loft conversions, or open-plan works)
- Raise, thicken, or underpin a party wall
- Remove or alter chimney breasts or structural projections attached to a party wall
- Work on party structures in flats/maisonettes, such as floors and ceilings separating units
3) Excavation close to a neighbour’s building
Even if you’re not touching a shared wall, the Act can apply where you are:
- Excavating for foundations near an adjoining owner’s property
- Digging deeper than neighbouring foundations within a prescribed distance, which may include:
- typical extension foundations
- basements and underpinning
- drainage runs that require significant excavation
(The exact “distance/depth” tests can be technical—getting professional advice early can prevent mistakes.)
Work that usually does not require Party Wall notice
In general, the Act is unlikely to apply where the work is:
- Completely within your own property and does not affect a party wall/party structure
- Non-structural, such as redecorating, re-plastering (where it doesn’t affect the party wall structurally), or fitting shelves—provided it doesn’t involve cutting into the party wall in a way that could impact the neighbour
- Minor internal changes that have no impact on shared walls, boundaries, or nearby foundations
If there’s any doubt—especially with structural work or excavation—it’s worth checking before starting.
Why it matters to confirm applicability early
If the Act applies and you don’t follow it properly, you can expose yourself to:
- Neighbour disputes and complaints
- Injunctions that stop work mid-project
- Delays and extra costs (including professional fees and potential legal action)
- Increased risk of disagreements about damage without a clear record of pre-works condition
Key steps when the Act applies
If your work is notifiable, the usual process is:
- Serve a Party Wall Notice on all affected adjoining owners (not just occupants).
- Neighbours have 14 days to respond:
- Consent,
- Dissent, or
- No response (which is treated as a dispute under the Act).
- If there’s a dispute, appoint either:
- One Agreed Surveyor (for both parties), or
- Two surveyors (one for each owner).
- Follow the requirements set out in the Party Wall Award (if one is needed) before commencing the notifiable works.
- A Schedule of Condition is often prepared to record the neighbour’s property condition before work begins.
Benefits of compliance
Doing it properly helps you:
- Protect your project timeline with a clear, recognised process
- Reduce the risk of costly conflict, stop-notices, and delays
- Safeguard both properties with documented condition records and agreed protections
- Maintain better neighbour relations during building works
Need help confirming whether your project is notifiable?
Email mail@howorth.uk with a brief description of your works (extension/loft/basement/structural alterations), your address, approximate start date, and any drawings you have. We can help you confirm whether the Act applies and what steps you need to take next.