The Party Wall Act: when it applies and what to do

What does the Party Wall Act do?

The Act came into force on 1 July 1997 and applies throughout England and Wales, but not in Scotland or Northern Ireland. It gives a framework for preventing or settling disputes about party walls, party structures, boundary walls and digging near neighbouring buildings.

It is separate from planning and building regulations. Agreeing the work with your neighbour does not remove the need for planning permission or building regulations approval, and getting those does not remove the need to follow the Act. The government’s booklet says it is a general guide only: just the courts can give a definitive reading of the law.

What counts as a party wall?

Under the gov.uk guide and the booklet:

• a wall that stands on the land of two or more owners, whether it is part of a building or a garden wall
• a wall on one owner’s land that two or more owners use to separate their buildings (only the part that does the separating counts)
• a party structure, such as a floor between flats with different owners
• a party fence wall: a masonry garden wall astride the boundary, used to separate the two gardens. Wooden fences and hedges are not party walls
• a garden wall built wholly on one owner’s land is a boundary wall, not a party wall

Which building work needs a notice?

gov.uk says you must tell your neighbour if you want to build on or at the boundary of your two properties, work on an existing party wall or party structure, or dig below and near the foundation level of their property. Examples include building a new wall, cutting into a party wall, making one taller, shorter or deeper, removing chimneys from it, and knocking one down and rebuilding it.

The booklet adds the most common jobs on an existing party wall: repairing it, putting in a damp proof course, underpinning it, cutting in to take the end of a beam (for example for a loft conversion), raising it, and cutting off projections such as a chimney breast.

Digging is covered in two cases. Within 3 metres of a neighbour’s building, where the dig goes deeper than their foundations. And within 6 metres, where the dig would cut a line drawn down at 45 degrees from the bottom of their foundations. That second rule can catch footings for an extension even when the new wall is not on the boundary.

What work does not need a notice?

Minor jobs: plastering, adding or replacing electrical wiring or sockets, and drilling to put up shelves or cabinets. The booklet says the test is whether the work could affect the strength or support of the wall as a whole, or damage your neighbour’s side of it.

How much notice do you have to give?

gov.uk says notice must be given between 2 months and a year before work starts. The booklet breaks that down:

• work to an existing party wall: at least 2 months
• a new wall on or up to the boundary line: at least 1 month
• digging within 3 or 6 metres of a neighbour’s building: at least 1 month, with plans and sections
• a notice is only valid for a year, so it should not go out too early
• your neighbour can agree in writing to an earlier start, but does not have to

What goes in the notice, and who sends it?

The owner having the work done sends it. There is no official form, but the notice needs your name and address, the address of the building being worked on, a full description of the work and the planned start date. It can be handed over, posted, or emailed if your neighbour has agreed to email. The booklet suggests talking to your neighbour first, so the notice is no surprise, and includes example letters.

What can your neighbour do after a notice?

Under gov.uk and the booklet, your neighbour can:

• agree in writing
• refuse, which starts the dispute process
• send a counter notice within a month asking for extra work at the same time, which they pay for if it benefits them
• they must reply in writing within 14 days; for work on a party wall or for digging, no reply in 14 days counts as a dispute, so silence is not agreement
• for a new wall astride the boundary, if they do not agree in writing within 14 days, you have to build it wholly on your own land and at your own cost

What happens if you cannot agree?

You appoint a surveyor: one agreed surveyor for both of you, or one each. They draw up a party wall award, a legal document that sets out the work, how and when it is done, and who pays for which part, including surveyor’s fees. It often records the condition of the neighbour’s property before work starts. You cannot act as your own surveyor, and if your neighbour will not appoint one, you can appoint one on their behalf.

Usually the owner having the work done pays the costs of the award when the work is solely for their benefit. Either owner can appeal against an award at the county court within 14 days of receiving it.

What are your duties while the work goes on?

gov.uk says that while the work is carried out you must:

• avoid causing unnecessary inconvenience
• protect your neighbour’s property from damage caused by the work, and fix or pay for any damage
• give 14 days’ notice before surveyors and workmen need access to your neighbour’s property, except in an emergency; your neighbour must allow access during usual working hours

How does this apply to extensions and garden walls?

Many of the jobs that bring the Act into play are the kind Brick2Brick UK does most: footings for extensions, new walls on a boundary and work on old garden walls. In September 2026 the team dug the footings for a new boundary wall for a regular customer, ready for the concrete the next day; see the Cofton boundary wall for a wall built from the footings up.

Wooden fences are not covered, so a new close-board fence does not need a party wall notice. And the Act cannot settle where a boundary actually is: the booklet says boundary disputes go to the courts or to mediation, an independent expert or arbitration.

Questions