The Party Wall etc. Act 1996 applies in England and Wales to specified shared-wall and structure works, new walls at the line of junction and excavation meeting statutory distance and depth tests. Not every building activity next door falls within it. The notice type matters when deciding your response.
Updated 6 October 2026. General guidance for owners in England and Wales.
Notices and dispute resolution
For a party structure or excavation notice, absence of written consent within 14 days triggers the Act's dispute procedure. New-wall notices under section 1 have different consequences, so first check which notice you have received. Respond promptly and keep the notice and delivery records. Where the dispute procedure applies, the owners may appoint an agreed surveyor or separate surveyors. An award determines relevant matters in dispute; it is not an automatic requirement for all works.
Record condition without overstating its role
A schedule of condition is a useful photographic and written pre-works record, commonly prepared during the surveyors' process. The Act does not expressly require one for every project. Consent retains rights under the Act and a schedule can be arranged without an award. If works have started, record the present condition and gather earlier photographs or records; other evidence may still help establish the cause of damage.
Damage, access and other concerns
Section 7(2) requires compensation for loss or damage to adjoining owners or occupiers arising from works in pursuance of the Act. The route depends on the cause and rights exercised, whether the damage concerns the building, garden or another affected part. Raise concerns promptly, retain evidence and obtain advice on the applicable claim and deadline. Access rights have statutory conditions and should be assessed for the actual work.
Keep the costs and permissions clear
The building owner normally pays reasonable surveyor costs. Under section 10(13), the surveyors determine who pays reasonable costs arising from the dispute; section 11 separately addresses expenses of the works. Check the written appointment terms and agree the fee arrangements before instruction. Planning, building control and private lease obligations are separate matters. Tell the surveyor about structural drawings, ownership interests and any proposed design change so the correct issues can be assessed.
Common questions
Is a schedule of condition compulsory?
The Act does not expressly require one for every project. A pre-works record is commonly useful evidence and can be arranged even where the owners consent and no award is needed.
What should I do if cracks appear?
Photograph and date the damage, tell the relevant owner and surveyor promptly, and keep earlier condition records. Cause and remedy need assessment; seek urgent help for any immediate structural concern.
Is garden damage excluded?
Not automatically. The cause, qualifying works and rights exercised matter. Ask for advice on the appropriate remedy and any time limit.
Discuss your notice or proposed works
Send the notice and drawings so we can explain the next step and our fee arrangements.
Primary sources
- Party Wall etc. Act 1996, section 1: New walls at the line of junction
- Party Wall etc. Act 1996, section 5: Disputes following party structure notices
- Party Wall etc. Act 1996, section 6: Adjacent excavation
- Party Wall etc. Act 1996, section 7: Compensation and safeguards
- Party Wall etc. Act 1996, section 10: Surveyors, awards and reasonable costs
- Party Wall etc. Act 1996, section 11: Expenses of the works