A Layman’s Explanatory Summary of the Party Wall etc. Act 1996

Updated 29 September 2026 · Independent guide, not legal advice

The Party Wall etc. Act 1996 is the law in England and Wales that governs certain building work near or on a shared wall or boundary. It requires the person doing the work to give their neighbour written notice, and it provides a way to resolve disagreements through surveyors and an award. This page summarises it in plain English.

What the Act is for

The Act balances two interests. A person may want to build or alter something. Their neighbour does not want damage, disturbance or a loss of support to their own property.

The Act gives the person building certain rights to carry out work that would otherwise be a trespass or a nuisance. In return it gives the neighbour protections, including notice, a right to have a surveyor involved and a right to compensation for damage.

It applies in England and Wales only. It does not apply in Scotland or Northern Ireland. Most projects under the Act end without a court hearing. The process is designed to be worked out between owners and surveyors, with the county court as a backstop for appeals.

Who the Act covers

The person doing the work is the building owner. The neighbour is the adjoining owner. Freeholders can be owners under the Act. So can leaseholders with long leases.

Tenants on short tenancies are not owners under the Act, but their landlord is. If you rent, the notice normally goes to your landlord. If your landlord is doing work next to your home, the Act's rights belong to the owners rather than to you as tenant.

Ownership can be complicated in flats, split buildings and properties with several interests. In that case a party wall surveyor can help work out who should be served. The Act uses the word owner in a wide sense. It can include someone who is buying under a contract, or someone with an interest in the land. If in doubt, serve everyone with a possible interest.

Section 1: new walls on the line of junction

Section 1 deals with building a new wall on the line of junction between two properties. That means a wall that stands astride the boundary or right up to it, where there is no existing wall.

A building owner who wants to build on the line of junction must serve notice. The notice period is at least one month before work starts. If the neighbour consents, the wall can be built astride the line. If the neighbour does not consent, the building owner may in general build the wall wholly on their own land, at their own expense, though the Act sets out conditions and the detail can be technical.

The rules for garden walls that only separate open land are more limited. Ordinary timber fences are not party fence walls under the Act. A party fence wall is a wall that stands on the boundary but only separates open land. Those walls fall under Section 1 and Section 2 in limited ways.

Section 2: work to existing party walls

Section 2 covers work to an existing party wall or party structure. It gives the building owner a list of rights. These include cutting into the wall, raising it, underpinning it, inserting a damp proof course, cutting away projections or chimney breasts, demolishing and rebuilding, and inserting steel beams.

Notice must be served at least two months before the work starts. This is the longest notice period in the Act, because this kind of work has the most direct effect on the neighbour's building.

Section 2 also lets the neighbour serve a counter-notice asking for certain extra work, and it requires the building owner to make good any damage. A building owner who cuts into a party wall must protect the neighbour's side and make good any damage caused. That includes making good decorations, where the Act requires it.

Section 6: excavation near neighbouring buildings

Section 6 applies to excavation near a neighbouring building. There are two cases. It covers excavation within 3 metres of a neighbouring building where the digging goes deeper than the neighbour's foundations. It also covers excavation within 6 metres where the dig cuts a line at 45 degrees drawn down from the bottom of the neighbour's foundations.

A notice must be served at least one month before work starts, and it must include plans and sections. In some circumstances the neighbour can ask for their building to be underpinned or otherwise protected at the building owner's expense, subject to the conditions in the Act.

Basements, piled foundations, deep trenches and drainage runs can all fall within Section 6. The surveyor will look at the actual depths and distances. Note that a small dig for a garden path or a fence post is unlikely to be caught. The concern is with deep excavation that could affect support for the neighbour's building.

Notices and what happens next

Notices must be in writing and served properly. The Act allows service by hand or by post to the owner's address, among other routes. A notice must describe the work. It lapses if the work has not started within 12 months of service.

The adjoining owner has 14 days from receiving the notice to respond in writing. They can consent, dissent or, for some notices, serve a counter-notice. Consent is not possible for every kind of notice, and consent does not remove the owner's right to a surveyor.

Whether a text or email counts as written consent is uncertain. Get a clear signed reply and take advice if you are unsure. Notices are often prepared by party wall surveyors, but an owner can prepare their own. Whoever writes it, it must be accurate. A defective notice can cause delay and cost.

Disputes and surveyors

If the adjoining owner dissents, or does not reply within 14 days, a dispute is treated as having arisen. Once a dispute arises, surveyors must be appointed.

The owners can appoint one agreed surveyor, or each can appoint their own. Two surveyors select a third surveyor, who acts only if they disagree. If one owner will not appoint within 10 days after being asked in writing, the other owner may appoint for them. If a surveyor neglects to act for 10 days after being asked in writing, the other surveyor may proceed alone.

No legal licence is needed to act as a party wall surveyor. Professional bodies exist, but you should check any surveyor's credentials on the body's own register. Surveyors owe their duty to the Act rather than to the owner who appointed them. Their job is to act fairly and decide what is reasonable, not to win for one side.

Awards, costs and access

The surveyors make an award. It sets out the work allowed, how and when it is done, access arrangements and who pays the costs. It is served on both owners. Either owner has 14 days from receiving it to appeal to the county court.

Where the work is for the building owner's benefit, the building owner normally pays the reasonable costs of the process, including the adjoining owner's surveyor's reasonable fees. The award decides. Fees must be reasonable and can be challenged.

Surveyors and workers may enter the adjoining owner's land to do work required by the Act after 14 days' notice, except in emergencies. Refusing access can lead to a court order. Do not take matters into your own hands; go through the process. The Act gives surveyors power to record the condition of the neighbour's property. A schedule of condition is usually agreed as part of the award, and it protects both owners if damage is alleged later.

A schedule of condition records the neighbour's property before work.
Security for expenses can protect against unfinished work.
The building owner must compensate for damage caused.

What the Act does not cover

The Act does not replace planning permission or building regulations approval. Those are separate systems. Permitted development does not remove the need for party wall notices.

It does not decide where a boundary lies. It does not deal with every neighbour issue, such as noise, overlooking or rights of light. Other law may apply to those.

The Act has no criminal penalty for failing to serve a notice. The remedies are civil, such as an injunction or damages. Local authorities do not enforce it, and the police do not normally get involved. If work has already started without notice, an award can sometimes still be made, but risk and cost are higher. If you are unsure whether the Act applies, ask a party wall surveyor before you start work rather than after.

Frequently asked questions

Does the Party Wall etc. Act 1996 apply everywhere in the UK?

No. It applies in England and Wales only. Scotland and Northern Ireland have different rules.

What is the difference between Section 1, Section 2 and Section 6?

Section 1 covers new walls on the line of junction. Section 2 covers work to existing party walls. Section 6 covers excavation near neighbouring buildings within 3 or 6 metres.

How much notice do I have to give?

At least two months for work to an existing party wall, and at least one month for a new wall on the line of junction or for excavation. A notice lapses if work has not started within 12 months.

Can I appeal an award?

Yes. Either owner has 14 days from receiving the award to appeal to the county court. Take advice quickly because the time limit is short.

Do tenants have rights under the Act?

Tenants on short tenancies are not owners under the Act, but their landlord is. Leaseholders with long leases can be owners.

Does the Act apply to a garden fence?

An ordinary timber fence is not a party fence wall under the Act. Garden walls that stand on the boundary may be covered in limited ways under Sections 1 and 2.

Read the full guide Party Wall etc. Act 1996: The Definitive Guide

Source: Party Wall etc. Act 1996 on legislation.gov.uk

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Last updated: 29 September 2026. This page is general information about the Party Wall etc. Act 1996 (England and Wales). It is not legal advice. Every property and dispute is different, so take advice from a party wall surveyor or a solicitor before you act.