Party Wall etc. Act 1996 explained: notices, awards and costs
The Party Wall etc. Act 1996 sets out a process for preventing and resolving disputes about certain works affecting shared walls, boundary w
5 min read · Updated 9 August 2026 · By Dwellmark Editorial
The Party Wall etc. Act 1996 sets out a process for preventing and resolving disputes about certain works affecting shared walls, boundary walls and nearby excavations. It sits separately from planning permission and building regulations. Based on the guidance and legislation cited here, the key issues are what the Act covers, when notice is needed, how awards work and how costs are decided.
What the Act covers
The Act covers three main areas: building a new wall on or at the boundary, carrying out work to an existing party wall or party structure, and excavating near a neighbouring building below its foundation level. The cited guidance says a party wall can include a wall astride the boundary forming part of a building, a garden wall astride the boundary, or a wall on one owner’s land used to separate buildings, while a party structure can include floor partitions in flats.
When you must serve notice
The notice period depends on the type of work. The cited material says you must give at least one month’s notice for a new wall on the line of junction and for certain excavations within 3 or 6 metres, and at least two months’ notice for work to an existing party wall or party structure. It also says a notice is valid for 12 months. For a new wall on the line of junction, if the adjoining owner does not consent within 14 days, the wall must be built wholly on the building owner’s own land.
What a party wall award is
If there is a dispute, it is decided by surveyors. The owners can agree on one surveyor, or each can appoint one and those two select a third; the appointments must be in writing. The surveyors then settle the disputed matters by making an award. The legislation cited here says the award is conclusive unless it is appealed to the county court within 14 days of being served.
Who pays the surveyors
The official guidance cited here says the building owner will usually pay the costs of drawing up the award, including the adjoining owner’s surveyor fees, where the works are solely for the building owner’s benefit. But that is not an absolute rule: the legislation says the surveyors decide which party pays the reasonable costs of the award and inspections. The same guidance also says party wall surveyors’ fees are unregulated, with no set charges, and a breakdown of hours and rates can be requested if costs look unreasonable.
What happens if you skip the notice
The cited guidance says that if work starts without proper notice, the adjoining owner can apply to court for an injunction to stop the work or seek other legal redress. That means failing to follow the notice process can lead to a legal dispute before the building work is finished.
Key facts
| Fact | Status |
|---|---|
| The Party Wall etc. Act 1996 provides a framework for preventing and resolving disputes over party walls, boundary walls and excavations nea | unverified |
| The Act covers new building on or at the boundary of two properties, work to an existing party wall or party structure, and excavation near | unverified |
| A party wall can be a wall astride the boundary forming part of a building, a garden wall astride the boundary (not timber fences), or a wal | unverified |
| Notice periods under the Act: one month for a new wall on the line of junction (section 1) and for excavation within 3 or 6 metres (section | unverified |
| Under section 1 of the Act, notice for a new party wall on the line of junction must be served at least one month before work starts; if the | unverified |
| A party structure notice under section 3 must be served at least two months before work begins and lapses if the work has not begun within 1 | unverified |
| Section 6 applies to excavation within 3 metres of an adjoining building that goes deeper than its foundations, or within 6 metres where it | unverified |
| Disputes are settled by surveyors: either both owners agree on one surveyor, or each appoints one and the two select a third; appointments m | unverified |
| A party wall award is conclusive and can only be challenged by appeal to the county court within 14 days of the award being served. | unverified |
| Under the official guidance the building owner usually pays all costs of drawing up the award, including the adjoining owners surveyor fees, | unverified |
| Under section 10(13) the reasonable costs of the award and inspections are paid by whichever party the surveyors making the award determine. | unverified |
| Surveyors fees for party wall work are unregulated: there are no set charges and clients negotiate; if costs seem unreasonable a breakdown ( | unverified |
Source: GOV.UK - Preventing and resolving party wall disputes — Guidance checked August 2026
Source: GOV.UK - Preventing and resolving party wall disputes — Guidance checked August 2026
Source: GOV.UK - Party Wall etc. Act 1996 explanatory booklet — Guidance checked August 2026
Source: GOV.UK - Party Wall etc. Act 1996 explanatory booklet — Guidance checked August 2026
Information and review status
This article provides general information only and is not professional advice. It was last reviewed and updated on 2026-08-09 using the sources cited in this article. Unless expressly stated otherwise, it has not been independently reviewed by a suitably qualified external professional. Laws, regulations, guidance, prices and market conditions can change, so you should verify information relevant to your circumstances before relying on it.Generated from dossier party-wall-act-explained. Review before publishing.
Sources
- GOV.UK - Preventing and resolving party wall disputes - Guidance checked August 2026
- GOV.UK - Preventing and resolving party wall disputes - Guidance checked August 2026
- GOV.UK - Party Wall etc. Act 1996 explanatory booklet - Guidance checked August 2026
- GOV.UK - Party Wall etc. Act 1996 explanatory booklet - Guidance checked August 2026