Understanding the Party Wall Process: Step-by-Step Guide for Homeowners

Written & Reviwed by
No items found.

Why the Party Wall Process Matters

The Party Wall etc. Act 1996 sets out the legal framework for preventing and resolving disputes between neighbours when building works affect shared walls, boundaries, or structures. It ensures that both property owners understand their rights and responsibilities before any work begins.

Following the correct party wall process is a legal requirement for many home improvement and construction projects across England and Wales. Whether you’re planning a rear extension, loft conversion, or basement excavation, compliance with the Act protects both you and your neighbour from costly misunderstandings or damage claims.

In this guide, we’ll explain how the Party Wall process works, step by step from serving notices to receiving an Award, so you know exactly what to expect at each stage.

When Does the Party Wall Process Apply?

You must follow the Party Wall procedure whenever proposed works could impact a structure shared with or close to a neighbouring property. Common examples include:

  • Building on or near a shared wall (e.g. new extensions or boundary walls)
  • Excavating close to a neighbouring property (for foundations or basements)
  • Altering, cutting into, or raising a party wall
  • Chimney breast removals or damp-proofing within a shared wall

Under the Act, the building owner must give formal notice to the adjoining owner before any qualifying works begin. Failure to do so can result in delays, legal challenges, or even a court injunction to stop work.

Step 1: Serving a Party Wall Notice

The first step in the Party Wall process is the serving of a Party Wall Notice.

Who Serves the Notice?

The building owner (or their appointed surveyor) is legally responsible for serving the notice to any adjoining owners who may be affected.

What Should the Notice Include?

A valid Party Wall Notice must clearly outline:

  • The nature and details of the proposed works
  • Drawings and plans showing the area affected
  • Start date and duration
  • Contact details of the building owner or their surveyor

Types of Party Wall Notices

The Act recognises three main types:

  1. Party Structure Notice for work affecting a shared wall.
  1. Line of Junction Notice for new walls built at or near the boundary line.
  1. Adjacent Excavation Notice for digging close to neighbouring foundations.

Notice Periods

Notices must usually be served at least one or two months before work begins, depending on the type of work. The adjoining owner then has 14 days to respond.

Step 2: Adjoining Owner’s Response

Once the notice is received, the adjoining owner can respond in one of three ways:

  1. Consent to the Works: They agree to the proposed work and no surveyor is required.
  1. Dissent and Appoint an Agreed Surveyor: Both parties use the same impartial surveyor to oversee the process.
  1. Dissent and Appoint Separate Surveyors: Each party appoints their own surveyor to jointly prepare an Award.

If the adjoining owner does not reply within 14 days, the law assumes dissent, and the Party Wall Surveyor process begins automatically.

Good communication between neighbours at this stage often helps to avoid disputes and ensure smoother progress.

Step 3: Appointment of Party Wall Surveyor(s)

Once dissent is established, surveyors must be appointed. These professionals ensure the Party Wall Act procedure is followed correctly and impartially.

Role of the Party Wall Surveyor

The surveyor’s role includes:

  • Reviewing proposed drawings and assessing potential impacts.
  • Visiting both properties to record existing conditions.
  • Preparing and issuing the Party Wall Award.
  • Acting impartially to protect both owners’ interests.

You may appoint one Agreed Surveyor (if both parties consent) or two separate surveyors who work together to produce the Award.

At Party Walls Limited, our RICS Chartered Surveyors bring extensive experience and a deep understanding of construction law, ensuring the process remains fair, compliant, and efficient.

Step 4: Preparation of the Schedule of Condition

Before construction begins, the surveyor prepares a Schedule of Condition Report, that is a detailed record of the adjoining property’s condition.

Why It Matters

This document provides photographic and written evidence of the neighbouring property before work starts. It serves as a reference point if any damage is later claimed during or after construction.

What It Includes

  • Photographs of affected walls, ceilings, and floors.
  • Notes on cracks, defects, or pre-existing damage.
  • Date and signatures of the surveyor(s).

This stage is essential for preventing disputes and ensuring transparency throughout the Party Wall procedure.

Step 5: Issuing of the Party Wall Award

The Party Wall Award (or Agreement) is the legal document that allows the works to begin after all concerns have been addressed.

What Does the Award Include?

  • Full description of the agreed works
  • Working hours and construction methods
  • Access rights for builders and surveyors
  • Protection measures for both properties
  • Compensation arrangements (if applicable)
  • Reference to the Schedule of Condition

Legal Standing

The Party Wall Award is legally binding under the Act. Both owners must adhere to its terms, and any breach could result in enforcement or compensation.

Step 6: During and After the Construction Work

Once the Award is in place, the building owner can start work but the process doesn’t end there.

During Construction

Surveyors may conduct site inspections to ensure the works comply with the Award. Open communication helps prevent disputes or misunderstandings.

After Construction

A post-work inspection is often carried out to confirm that no damage has occurred. If damage is found, the surveyor will determine fair compensation or remedial action as outlined in the Award.

Timeline of the Party Wall Process

The typical Party Wall process timeline runs between 6 and 10 weeks, depending on project complexity and response times.

Example overview:

  1. Serve Party Wall Notice – 1 to 2 months before works
  1. Neighbour’s response – within 14 days
  1. Surveyor appointment – immediate upon dissent
  1. Schedule of Condition – within 1–2 weeks
  1. Party Wall Award issued – within 2–6 weeks

Early engagement with a qualified surveyor can speed up this process and prevent costly project delays.

Common Mistakes to Avoid

Many homeowners unintentionally breach the Act by skipping or mismanaging key steps. Avoid these common errors:

  • Serving incorrect or incomplete notices
  • Starting work before an Award is finalised
  • Not keeping written records or schedules of condition
  • Assuming verbal neighbour consent is valid

Even small administrative errors can render a notice invalid, forcing you to restart the process and delaying your project.

How Party Walls Limited Can Help

At Party Walls Limited, we manage the entire Party Wall process from start to finish, ensuring accuracy, legal compliance, and peace of mind at every step.

Our services include:

  • Preparation and serving of valid Party Wall Notices
  • Acting as Agreed or Appointed Surveyors
  • Conducting Schedule of Condition reports
  • Drafting and issuing legally binding Party Wall Awards

With over 15 years of experience and a team of RICS-accredited surveyors, we provide custom solutions for both residential and commercial clients across London and the Home Counties.

If you’re planning construction near a shared wall or boundary, speak to our team today for expert advice and fast, compliant service.

Conclusion

The Party Wall process protects both property owners when construction work affects shared walls or boundaries. By following the correct step-by-step procedure from serving notice to issuing an Award you can avoid disputes, delays, and unnecessary costs.

If you’re planning construction near a shared wall, let our experienced RICS Chartered Surveyors guide you through the Party Wall process fensuring full compliance and peace of mind.

FAQs

How long does the Party Wall process take?

On average, the process takes 6 to 10 weeks, depending on complexity, notice periods, and surveyor appointments.

Do I need a surveyor for every step?

Not always. A surveyor becomes essential once a neighbour dissents or fails to respond, ensuring the process stays compliant with the Act.

What happens if my neighbour refuses to cooperate?

If they dissent or do not respond, surveyors can still be appointed, and the Party Wall Award can be issued without their active participation.

Can I appeal a Party Wall Award?

Yes. You can appeal to the county court within 14 days of receiving the Award if you believe it contains an error or is unfair.

What’s the cost of the Party Wall process?

Costs vary depending on project size and surveyor involvement. Typically, the building owner covers all reasonable surveyor fees.

Related Posts