This FAQ is written for both Building Owners (the person doing the works) and Adjoining Owners (the neighbour affected by the works). It explains the most common Party Wall topics in plain language and focuses on the practical outcomes you’re likely to face.
Q1) What types of work fall under the Party Wall etc. Act 1996?
A: The Act is mainly engaged in three situations:
- Building at or on the boundary line (the “line of junction”)
- Work to an existing party wall or party structure (shared walls and certain shared parts of buildings)
- Excavations close to a neighbour’s building or structure where the depth and proximity mean the neighbour’s foundations could be affected
Typical examples include:
- inserting beams into a shared wall for a loft conversion
- raising, reducing, thickening or rebuilding a party wall
- removing parts of a chimney breast that relate to a shared wall
- excavating for foundations close to the neighbour’s building
- certain deeper groundworks or drainage excavations near neighbouring structures
Q2) What is a “party wall”?
A: In everyday terms, it’s a wall that is shared between two owners or used to separate two buildings. Common scenarios include:
- a wall that sits on the boundary and forms part of one or both properties
- a wall that is entirely on one owner’s land but still separates two buildings (so it functions as a shared dividing wall)
Not every boundary feature counts as a party wall, and the position and use of the wall matter.
Q3) What is a “party fence wall”?
A: A party fence wall is a masonry boundary wall (brick/stone) that stands on the boundary line but is not part of a building—for example, a garden wall dividing two properties.
A key point:
- timber fences are not party fence walls for the purposes of the Act and are not treated the same way.
Q4) What is a “party structure”?
A: A party structure is a shared part of a building that separates different ownerships within the same building. The most common examples are:
- floors and ceilings between flats
- structural walls dividing flats/maisonettes where ownership differs
Q5) I’m digging near my neighbour’s house — do I need to serve notice?
A: Possibly, yes. Excavation is one of the most common triggers for the Act. Whether notice is needed depends on:
- how close the excavation is to the neighbour’s building, and
- whether your excavation is deeper than the neighbour’s foundations or falls within the Act’s defined zone of influence
If you’re planning foundations for an extension, rear addition, basement works, or deeper drainage, it’s wise to get early advice so you don’t discover too late that you needed to serve notice.
Q6) What if I’m excavating near a neighbour’s garden wall, garage, or other structure?
A: The excavation rules can apply not only to a neighbour’s house but also to certain nearby structures. In practice, if the structure could reasonably be affected by your digging, it may be safer to treat it as notifiable.
Examples sometimes considered include:
- masonry garden walls
- garages and outbuildings
- retaining walls
- manholes and chambers
- substantial bases, terraces or raised hard landscaping
Whether something counts as a “structure” in this context can be fact-specific, so a sensible risk assessment is often the best approach.
Q7) How can I tell whether I’m digging deeper than my neighbour’s foundations?
A: You often can’t know with certainty without evidence. Some general points that can influence judgement:
- older properties and lightweight garden structures often have shallower foundations
- newer houses may have deeper foundations (but not always)
- Building Control may require deeper foundations than originally designed once trenches are opened, which can bring the Act into play unexpectedly
Where depth is uncertain, a trial hole (with permission) may help, but many owners choose to serve an excavation notice if there’s doubt to avoid programme delays later.
Q8) Who counts as an “owner” under the Act?
A: The Act recognises more than just freeholders. Depending on the circumstances, “owner” can include:
- the freeholder
- long leaseholders (often relevant in flats)
- sometimes multiple parties where interests overlap
That’s why service can be more complex in blocks and converted buildings—there may be several parties who must be notified.
Q9) What is a Party Wall Award?
A: A Party Wall Award is a formal, legally binding document produced by surveyor(s) when the notice is dissented to (or a dispute is deemed to arise). It usually sets out:
- what works are permitted under the Act
- how the works must be carried out
- safeguards to reduce risk and disruption
- access arrangements if needed
- how damage is handled (repair or compensation)
- a Schedule of Condition (commonly)
- surveyors’ fees and cost responsibilities (where appropriate)
Q10) What is a Schedule of Condition?
A: It’s a detailed photographic and written record of the adjoining owner’s property before works start. It’s one of the most useful protections available because it helps establish what was pre-existing versus what may have been caused by the works.
Q11) Who can act as a party wall surveyor?
A: The surveyor must be independent—they can’t be someone with a conflict of interest or someone directly involved in the building works.
While the Act doesn’t require a particular qualification by name, party wall work is technical and procedural. In practice, using a competent, experienced surveyor reduces the risk of delay, poor documentation, or avoidable dispute.
Q12) Can both owners use one surveyor?
A: Yes. Both owners can agree to appoint one Agreed Surveyor. That surveyor must act impartially.
However, an adjoining owner is not obliged to accept an agreed surveyor if they are uncomfortable. They can insist on appointing their own surveyor instead.
Q13) Who usually pays the surveyors’ fees?
A: In many typical cases, the building owner (the one carrying out the notifiable works) pays the reasonable surveyor fees because the works are being done for their benefit.
That said, apportionment can vary where:
- the adjoining owner requests additional measures that go beyond what is reasonably required, or
- the Act’s cost-sharing provisions apply in specific circumstances
Surveyors normally confirm cost responsibility within the Award.
Q14) How long does the party wall process take?
A: Timing depends on cooperation, complexity, and whether one or two surveyors are involved. Common timing influences include:
- statutory notice periods (different for different notices)
- how quickly drawings/structural details are provided
- responsiveness of the parties and surveyors
- whether there are technical disagreements requiring referral
As a practical point: the earlier notices are served and information is prepared, the smoother the timeline tends to be.
Q15) Why did I receive a letter from a surveyor before any notice has been served?
A: Sometimes firms contact neighbours after spotting planning activity, hoping to be appointed. Receiving such a letter doesn’t mean you must appoint that firm. If you become an adjoining owner under the Act, you generally have the right to choose your own surveyor.
Q16) I’m on good terms with my neighbour — do we still need the party wall process?
A: If notifiable works are planned, the Act still applies. Neighbours can consent, but consenting means you may not have the structure and safeguards of an Award.
Even where everyone gets on well, the best outcomes often include:
- clear written consent or an Award (depending on risk), and
- a Schedule of Condition to protect both sides.
Q17) I don’t want to sound awkward — do I have to “dissent” to protect myself?
A: Many people worry the word “dissent” sounds confrontational. In practice, dissent is simply a procedural step that triggers the surveyor route and the protections of an Award. It does not automatically indicate hostility.
If you’re broadly fine with the work but want formal safeguards, dissenting and appointing surveyor(s) is a normal, accepted approach.
Q18) Can the Party Wall Act be used to stop the works completely?
A: The Act is mainly a framework to allow certain works to proceed with controls and protections. It is not generally a tool to block a development outright. Planning permission and building control are separate systems.
Surveyors may influence how and when works are carried out (methods, safeguards, access), but the Act is not typically used as a blanket “veto”.
Q19) What if works start without a notice or before an Award is in place?
A: Starting notifiable works without following the Act can create serious risk for the building owner and can escalate matters quickly. If you believe works are progressing without proper process, it’s sensible to take professional advice early on the most appropriate next step.
Q20) What happens if the surveyors can’t agree?
A: When two surveyors are appointed, they select a Third Surveyor. Specific points of disagreement can be referred to the Third Surveyor for determination. This is part of the Act’s built-in mechanism to prevent deadlock.
Q21) What if the contractor ignores the Award?
A: The Award binds the owners. If the works proceed in a way that breaches the Award, the building owner may be exposed to enforcement risk and potential claims. This is why good contractor management and clear site controls matter.
Q22) Can you appeal a Party Wall Award?
A: Awards can be challenged through the statutory appeal route within a defined period. Appeals are typically a court matter and should be treated seriously—so it’s best to avoid rushing into works without understanding the timing and risk.
Need tailored advice?
We can provide initial guidance and, where appropriate, act as:
- the Building Owner’s Surveyor
- the Adjoining Owner’s Surveyor
- the Agreed Surveyor
We can also prepare Schedules of Condition as a standalone service.
Email: mail@howorth.uk
Call: 07794 400 212