The short answer
The Party Wall etc. Act 1996 is a simple idea wrapped in legal language. If you want to do building work to a shared wall, on the boundary, or by digging near your neighbour’s foundations, you must tell them first (a notice); and if they are concerned, an impartial surveyor sets fair terms (an award). It lets the work go ahead while protecting the neighbour, and it applies across England and Wales.
Why it matters
Here is the whole process in plain terms:
- Who is who — the “building owner” does the work; the “adjoining owner” is the neighbour.
- What is covered — work to a party wall (section 2), building on the boundary (section 1), and excavation near foundations (section 6).
- Notice — you serve written notice one or two months ahead, depending on the work.
- Response — the neighbour has 14 days to consent or dissent. Consent means you can crack on; dissent (or silence) means a dispute, and surveyors are appointed.
- Surveyors and the award — either one agreed surveyor, or one for each owner plus a third to break any deadlock. They make an award setting out the works, conditions, access, a schedule of condition, and who pays.
- Money — the building owner usually pays the reasonable fees, and any damage is made good or compensated.
Two things often catch people out. First, the Act is separate from planning permission and building regulations — you can need all three. Second, if you skip the notice, you lose the Act’s protection and can face an injunction and common-law liability.
What to do now
- Work out whether your project is notifiable.
- Serve the right notice early — the period is often the longest step.
- Choose a single agreed surveyor where you can — the impartial, lower-cost route Coburns recommends.
- Make sure a schedule of condition is taken, and keep the award safe.
Common mistakes
- Thinking planning permission covers the party wall position.
- Ignoring a notice you have received.
- Starting work before the process is complete.
- Appointing an adversarial or fee-driven surveyor, or skipping the schedule of condition.
When to call Coburns
Whichever side you are on, send us your plans or your notice and we will guide you through it plainly and proportionately — and serve notices free of charge.