What is a Party Wall?

A party wall is a wall or structure shared between two properties. The most common examples in residential property are the dividing wall between semi-detached or terraced houses, and walls built on the boundary between two pieces of land. The Party Wall etc. Act 1996 sets out the framework for resolving disputes when one owner intends to do work to or near a party wall, including: Building a new wall on or astride the boundary (section 1) Cutting into, raising, demolishing or rebuilding a party wall or structure (section 2) Excavating within three metres or six metres of a neighbouring building, depending on depth (section 6) If a property owner intends to carry out work, a written notice must be served to the adjoining owner. The adjoining owner has 14 days to respond. If they do not respond, or if they refuse, a dispute is deemed to have arisen, and the dispute resolution procedure under the Act begins. Read our guide: Neighbour disputes over party walls - What are your rights and responsibilities?.

What is the difference between a Party Wall Agreement and a Party Wall Award?

In basic terms, a “Party Wall Agreement” is the written consent your neighbour gives when they agree to the proposed works after you serve a notice. A Party Wall Award is the formal legal document drawn up by surveyors when a dispute has arisen and sets out: what work should happen how and when it will be carried out who will pay for which part and how much will be paid (including surveyor’s fees) The Award is enforceable through the courts. Informal text messages, emails, or in-person conversations that seem to agree with the works are not. Do not rely on informal communications as confirmation that your neighbour has agreed to party wall building works.

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There are special rules covering structural work to walls that stand across the boundary of land belonging to different owners or used by two or more owners to separate buildings. The Party Wall Act 1996 provides a framework for preventing or resolving disputes in relation to party walls, party structures, boundary walls, and excavations near neighbouring buildings.

An owner must notify neighbours about any work they intend to carry out (anywhere in England and Wales) of the kinds described in the Act and must give ‘Adjoining Owners’ notice of their intentions.

These rules allow for the agreement or objection to any work within certain time limits, and compensation and temporary protection for buildings and property. If there is no agreement, an independent surveyor can be appointed to decide what work can be done, and how and when.

What are the categories of work included in the Party Wall Act?

The Party Wall Act will be applicable if you intend to carry out building work which involves one of the following categories:

building a free-standing wall or a wall of a building up to or astride the boundary with a neighbouring property (section 1 of the Act)
work on an existing party wall or party structure or building against such a party wall or party structure (section 2 of the Act)
excavating near a neighbouring building (section 6 of the Act)

For further information, you can access guidance here:

The Party Wall etc Act 1996: explanatory booklet

Specialist Party Wall Advice

Our experienced neighbour dispute team has specialist expertise in party wall disputes and can help guide you through this complex area of law.

Whether you are facing an objection to any works you are intending to carry out or need assistance in reaching an agreement with your neighbour, our property law specialists will help you find the most practical solution that protects your interests and ensures any legal obligations are being met.

Please contact a member of our team below or email info@roselegal.co.uk to discuss the best way forward for you and we will provide you with further and specific advice tailored to your circumstances.

Our dispute resolution team can also provide legal advice for neighbour disputes concerning:

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Frequently Asked Questions

A party wall is a wall or structure shared between two properties. The most common examples in residential property are the dividing wall between semi-detached or terraced houses, and walls built on the boundary between two pieces of land. The Party Wall etc. Act 1996 sets out the framework for resolving disputes when one owner intends to do work to or near a party wall, including:

Building a new wall on or astride the boundary (section 1)
Cutting into, raising, demolishing or rebuilding a party wall or structure (section 2)
Excavating within three metres or six metres of a neighbouring building, depending on depth (section 6)

If a property owner intends to carry out work, a written notice must be served to the adjoining owner. The adjoining owner has 14 days to respond. If they do not respond, or if they refuse, a dispute is deemed to have arisen, and the dispute resolution procedure under the Act begins. Read our guide: Neighbour disputes over party walls - What are your rights and responsibilities?.

You must give the official notice to your neighbour between 2 months and a year before you plan to start building works. Include what you plan on doing. You can speak to your neighbour to explain the work you want to carry out, before giving notice in writing.

Read further guidance here: Gov.UK Party walls and building works - when and how to tell them.

If your adjoining owner does not respond within 14 days of receiving a valid notice, a dispute is deemed to have arisen. You should not simply start the work. The next step is to appoint surveyors. If your neighbour is still not engaging, you can serve a further notice giving them a final 10 days to appoint their own surveyor, failing which a surveyor can be appointed on their behalf.

An ‘Adjoining Owner’ is anyone who owns the land, buildings or rooms adjoining those of the building owner. This can also include the local authority where it owns adjoining property.

Usually, the building owner. That includes the building owner’s own surveyor and the adjoining owner’s reasonable fees. Where the adjoining owner is behaving unreasonably or running up disproportionate costs, fees can be challenged, but the starting position is that the party doing the work pays.

In basic terms, a “Party Wall Agreement” is the written consent your neighbour gives when they agree to the proposed works after you serve a notice. A Party Wall Award is the formal legal document drawn up by surveyors when a dispute has arisen and sets out:

what work should happen
how and when it will be carried out
who will pay for which part and how much will be paid (including surveyor’s fees)

The Award is enforceable through the courts. Informal text messages, emails, or in-person conversations that seem to agree with the works are not. Do not rely on informal communications as confirmation that your neighbour has agreed to party wall building works.

Generally, no. The Act is designed to allow notifiable work to proceed while protecting the adjoining owner’s interests. Your neighbour can require a surveyor (at your cost), insist on conditions being set in the Award, and seek damages if harm is caused, but they cannot block work that you are entitled to carry out. However, if work has already started without following the proper process, they can apply for an injunction.

Yes. Planning permission and party wall procedures are entirely separate. You can have full planning permission and still be unable to start work because the party wall procedures have not been completed.

Take legal advice quickly. Depending on the nature of the work and any damage, the options include applying for an injunction to stop the works, requiring the building owner to serve a retrospective notice where possible, and bringing a claim for any harm caused. Act early to protect your position.