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When Do You Need a Party Wall Surveyor?

Updated ยท Independent guide, not legal advice

You need a party wall surveyor when you plan work covered by the Party Wall etc. Act and your neighbour dissents or does not reply to your notice. Before that point, you may not need one. The trigger is the type of work, not its size.

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The three triggers

Check whether your job falls into one of these groups. If it does, you must serve notice.

  • Building a new wall on the line of junction
  • Work to an existing party wall or party structure, such as cutting in a beam, raising, underpinning or damp proofing
  • Excavation within 3 or 6 metres of a neighbouring building, deeper than their foundations

When you do not need one

If the neighbour consents in writing to the notice, no surveyor may be needed for that notice. Small internal jobs that do not touch the shared wall, and cosmetic work, generally sit outside the Act. If in doubt, ask.

When you do

If the neighbour dissents, or does not answer within 14 days, a dispute is treated as having arisen and surveyors must be appointed. The building owner then needs one, and the adjoining owner needs one, or both can share one.

Timing

Start early. Work to an existing wall needs at least 2 months' notice. New walls and excavation need at least 1 month. Appointing surveyors and agreeing an award takes further time, so do not book builders for the day after notice.

Other permissions

Planning permission and building regulations are separate. Permitted development does not remove the need for party wall notices.

If you are the neighbour

Receiving a notice does not mean you need to hire someone straight away. Read it, check it describes the work clearly, and reply in writing within 14 days. You can consent, or dissent and ask for surveyors to be appointed. The building owner normally pays the reasonable fees where the work is for their benefit.

Frequently asked questions

Does a loft conversion need one?

Often, if it involves cutting into or altering the party wall, such as inserting steel beams. It depends on the work.

Can my builder tell me if I need one?

They may know the rules, but they cannot act as the surveyor for you. A surveyor can confirm.

Do I need one for a fence?

Ordinary timber fences are not covered. Brick garden walls on the boundary might be.

What if I am unsure whether my work needs a notice?

Ask a party wall surveyor before you start. It is cheaper to check than to deal with a dispute after work has begun.

Read the full guide Party Wall Notices, Awards, and Agreements Explained

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

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Last updated: . 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.