Before you start construction work at your property, it is worth understanding whether you have legal duties under the Party Wall etc. Act 1996.
When does the Act apply?
You may need to serve notice on a neighbour when you are:
- Planning to build up to, or astride, the boundary
- Carrying out building work on a shared structure — including party walls or floors and ceilings in a flat
- Digging out and building foundations close to a neighbouring building
Examples of work that require notice
This can include anything from inserting a damp-proof course through a party wall, to underpinning, to building a new extension whose foundations come close to next door.
What you need to tell your neighbours
A notice needs to set out what work you intend to do and when. Your neighbour then has the right to consent, dissent, or request a schedule of condition before work starts — this protects both of you.
Appointing a party wall surveyor
If your neighbour does not consent, a surveyor (or surveyors, one for each side, or an “agreed surveyor” for both) is appointed to agree a Party Wall Award before work can begin.
If you receive a notice from a neighbour
Receiving a notice is not something to worry about, and it does not mean you have to refuse consent. The Act exists specifically to let work go ahead while protecting your interests — we can advise you on your options either way.
The Party Wall Award
Once terms are agreed, the Award covers the work itself, a schedule of condition of the affected property, and how any damage arising from the work will be resolved.
Planning work near a boundary, or received a notice yourself? See how we can help.