Legal · Neighbours
The Party Wall etc. Act 1996, explained
Two months notice for work on a shared wall, one month for excavation near a neighbour's structure. Getting this wrong is the fastest way to stop a job.
When it applies
The Party Wall etc. Act 1996 applies to three kinds of work. Section 2 covers work to an existing shared wall — cutting into it for beams, raising it, or removing a chimney breast built into it. Section 1 covers building a new wall at the line of junction between two properties. Section 6 covers excavation within three metres of a neighbouring structure where you will dig deeper than its foundations, or within six metres where a line drawn at 45 degrees from the bottom of their foundations would intersect your excavation.
In London terraced and semi-detached housing, most loft conversions and most rear extensions trigger at least one of these.
Notice periods
Section 2 work requires two months written notice to the adjoining owner before work begins. Section 1 and section 6 work require one month.
Those are minimums, and they run from service of a valid notice — not from when you first mentioned it over the fence. A notice that names the wrong owner, or omits the required detail, is not valid and the clock does not start.
Consent, dissent, and awards
A neighbour can consent in writing, in which case no award is needed and you can proceed. If they dissent, or simply do not reply within 14 days, a dispute is deemed to have arisen and surveyors must be appointed.
The neighbour can agree to use a single 'agreed surveyor', or each side appoints their own. The surveyors produce a Party Wall Award: a document recording the condition of the neighbour's property before work starts, what work is permitted, working hours, and how any damage will be put right.
The building owner normally pays the surveyors' fees. This is a real cost and it belongs in the budget from the beginning rather than appearing as a surprise.
What happens if you ignore it
There is no criminal penalty, but a neighbour can seek an injunction to stop the work — and courts do grant them. A job halted by injunction with the roof open is considerably more expensive than serving a notice would have been.
It also creates a conveyancing problem years later. A buyer's solicitor will ask whether party wall procedures were followed, and an absent award can delay or derail a sale.
This guide describes national rules for England and was written to be accurate at the time of publication. Local designations can restrict them further, and legislation changes. Always confirm the position for your own address with your local planning authority, or ask us to do it in writing.
Answers
Questions we get asked alongside this
Do I need planning permission for building work in London?
It depends on the property type and what is proposed. Many single-storey rear extensions and loft conversions fall under permitted development, but those rights do not apply to flats and are restricted in conservation areas or where an Article 4 direction applies. We check the planning position for your specific address before quoting, and tell you in writing which route applies.
How do you price the work?
From a site survey, written up as a fixed and itemised scope before any deposit is discussed. If something genuinely unforeseen appears once work is opened up, it is priced and agreed in writing before we continue — never added to the final invoice after the fact.
When do I pay?
In arrears of work completed. You pay for work that has been done and inspected, not for work that has been promised. This has been how the company operates since 2008.
Do you handle Party Wall notices?
Yes, where the work requires them. Under the Party Wall etc. Act 1996, notifiable work on a shared wall needs 2 months written notice to the adjoining owner, while excavation near a neighbouring structure and building at the line of junction need 1 month. We serve the notices and manage the award process as part of the job.
Will I get certificates at the end?
Yes. Electrical work is tested and certificated under Part P, and building control issues a completion certificate where an application was required. You receive the handover pack — it is what a buyer's solicitor will ask for when you eventually sell.
How long will it take?
It depends entirely on scope, and we give a programme with the written quote rather than a guess on the phone. What we will not do is start a job we cannot resource, which is the usual reason a build stalls halfway through.
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