Frequently asked questions

Under the Party Wall etc. Act 1996, a party wall is a wall that forms a shared boundary between two or more properties. This includes:

• a wall that stands on the land of two or more owners and forms part of a building. This could be a wall within a single building, or one that separates buildings owned by different people.
• a wall that stands on the land of two owners but isn't part of a building, such as a garden wall. Timber fences are not included.
• a wall on one owner's land that is used by two or more owners to separate their buildings.

The Act also uses the term "party structure". This goes beyond walls to include floors and other structures that divide buildings, or parts of buildings, in different ownership, such as flats.

Understanding these definitions is the first step in working out your legal obligations and rights under the Act.

The Party Wall etc. Act 1996 sets out procedures for property owners whose building work may affect shared walls or boundaries with neighbouring properties.

You can issue your own notice about the proposed work at first, but you should be prepared for your neighbour to dissent. Dissenting means they object to the work or have concerns about it.

This is where a party wall surveyor (PWS) comes in. A PWS knows the Act well and acts impartially to help resolve disputes. If your neighbour dissents, appointing a surveyor becomes a legal necessity. The surveyor explains the procedure, makes sure the Act is followed and resolves the disagreement by issuing a legally binding document called an "award".

A party wall surveyor's expertise helps you understand what the Act requires, and it safeguards the interests of both parties.

A party wall award is a legal document drafted by a party wall surveyor when an adjoining owner dissents to proposed building work. It sets out the work to be done and the rights and responsibilities of each party.

The award also covers how and when the work is to be carried out, compensation if any damage occurs, rights of entry onto adjoining properties, security for expenses, and any issues relating to easements.

The award acts as a roadmap for the building work while safeguarding everyone's interests and rights. It sets clear expectations and helps the construction go smoothly and in line with the Party Wall etc. Act 1996. More about awards →

If you're the building owner, you don't always have to engage a party wall surveyor when building near a boundary. You do have to follow the procedures in the Party Wall etc. Act 1996 if your planned work falls within it. If your neighbour dissents to a party wall notice, appointing a surveyor becomes mandatory.

If you're the neighbour affected by the work and you don't respond to a notice, a party wall surveyor can be appointed on your behalf. This makes sure your interests are represented and any concerns or disputes are dealt with properly.

If a neighbour consents to a notice drafted by the building owner, you may not need a surveyor to draft an award. It's still advisable to have a schedule of condition prepared.

Consenting to a party wall notice means agreeing to the building work described in it. You're accepting the planned construction and agreeing that it can go ahead without objection.

By consenting, you give the building owner the green light to carry out the work without further formalities. This usually simplifies the process, provided all other legal requirements are met.

Dissenting means objecting to the proposed work, or simply asking for an award to be put in place to handle any future disputes. It lets you raise concerns and protect your property during construction. Disputes are then assessed thoroughly and resolved fairly, with everyone's interests taken into account.

We generally advise consenting only if the building work is minor and you, as the adjoining owner, think a dispute over damage is unlikely. Things to consider:

• Dissenting lets you influence and agree the "time and manner" of the work, which protects your interests.
• A schedule of condition is important. Even if you consent, it's sensible to have one prepared to record your property's condition before work begins. It helps settle any later disagreement about damage.

Remember: consenting may seem a good way to keep relations friendly and save on surveyors' fees, but it shifts the responsibility, and potentially the cost, onto you if problems arise. Weigh this up carefully before deciding.

Party wall surveyors in the UK work in an unregulated environment, so choosing the right person or firm takes care. Beware: there are rogues out there!

Look for qualifications and membership of reputable professional bodies such as the Faculty of Party Wall Surveyors, the Pyramus and Thisbe Society or the Royal Institution of Chartered Surveyors.

Andy Jones BSc (Hons) MFPWS of Hampshire Party Walls is a member of the Faculty of Party Wall Surveyors. We're committed to excellence and to a strict ethical code of conduct, so you can be confident trusting us with your party wall matters. Watch our video on choosing the right party wall surveyor.

Yes, and there are templates available online to help.

However, adjoining owners are often more reassured when a notice comes from a firm that specialises in party wall matters. A notice served by a party wall surveyor on your behalf is more clearly valid, and it shows a level of professionalism that builds trust from the outset. This matters because if a notice isn't valid, the application of the Act itself could be challenged in court. For example, section 6 notices must include foundation plans and sections. This detail is often overlooked, and leaving it out makes the notice invalid.

Many surveyors find that home-made notices are often lacking, and sometimes invalid. We can prepare and serve your notice for £100.

The building owner normally pays all reasonable surveyors' fees, including the fees of any surveyor acting for the adjoining owner. Adjoining owners typically pay nothing. See our pricing.

Notice periods are one month for section 1 (line of junction) and section 6 (excavation) work, and two months for section 2 (party structure) work. Neighbours have 14 days to respond. If there's a dispute, the award can often be agreed within the notice period, provided the drawings and information are ready. We recommend starting the process as soon as your designs are settled.