Question 1

What is the Party Wall Act?

Accepted Answer

The Party Wall etc. Act 1996 is a piece of legislation that applies in England and Wales. It provides a framework for preventing and resolving disputes in relation to party walls, party structures, boundary walls, and excavations near neighbouring buildings.

Question 2

What is the difference between a building owner and an adjoining owner?

Accepted Answer

A building owner is the person carrying out the building works. If you are planning an extension, loft conversion, or excavation, this is you. An adjoining owner is any owner or occupier of a property affected by the proposed works. In most cases this means your neighbour sharing the party wall, though it can also include neighbours sharing a boundary or within the excavation zone.

Question 3

Do I need a party wall surveyor?

Accepted Answer

You need to serve party wall notices if you're planning to carry out notifiable works. If your neighbour consents in writing, no surveyor is needed. If they dissent or don't respond, a surveyor (or surveyors) must be appointed.

Question 4

What works require a party wall notice?

Accepted Answer

Works that typically require a notice include: building on or at the boundary, cutting into a party wall, underpinning or raising a party wall, excavating within 3–6 metres of a neighbouring foundation, and new walls at the boundary.

Question 5

How much notice do I need to give?

Accepted Answer

Section 1 (new wall on boundary): 1 month. Section 2 (works to party wall): 2 months. Section 6 (excavation): 1 month. These are minimum statutory periods; the earlier you start, the better.

Question 6

What happens if my neighbour doesn't respond?

Accepted Answer

If your neighbour doesn't respond within 14 days of receiving the notice, a dispute is deemed to have arisen. Surveyors must then be appointed and a Party Wall Award produced.

Question 7

What is an 'Agreed Surveyor'?

Accepted Answer

An Agreed Surveyor is a single surveyor appointed by both the building owner and the adjoining owner to act impartially for both parties. This is the most efficient and cost-effective outcome.

Question 8

How does a remote party wall service work?

Accepted Answer

We handle all documentation, correspondence, and legal formalities digitally. A trained inspector attends your neighbour's property to carry out the Schedule of Condition survey. The qualified RICS surveyor reviews all submissions, prepares the Award, and signs off everything.

Question 9

Is a remote party wall service legally valid?

Accepted Answer

Yes. The Party Wall Act does not require a surveyor to personally attend the site for every stage of the process. What matters is that the Award is prepared and signed by a qualified individual. Our process is fully RICS-compliant.

Question 10

How long does the process take?

Accepted Answer

For a standard Agreed Surveyor case, typically 6–8 weeks from instruction to Award. Two-surveyor cases typically take 8–12 weeks. Retrospective cases vary depending on complexity.

Question 11

Who pays for the party wall surveyor?

Accepted Answer

The building owner pays. You start with just £109 inc VAT to have the notice served. If your neighbour consents, that is all you pay. If they dissent or don't respond, the full surveying fee applies, with your £109 already counted. If both parties appoint their own surveyor, both fees are typically paid by the building owner; the Agreed Surveyor option avoids the cost of two separate surveyors.

Question 12

Are there any hidden costs?

Accepted Answer

No. You pay £109 inc VAT to have your notice served. If your neighbour consents, that is all you pay. The full surveying fee (from £594 inc VAT) only applies if your neighbour dissents or does not respond, and you only pay the balance above £109 at that point. The only possible additions are the London supplement (£60 inc VAT) and the retrospective add-on (£354 inc VAT) if applicable.

Question 13

What if my neighbour wants their own surveyor?

Accepted Answer

That's their right under the Act. In that case, we act as your Building Owner's Surveyor. The total fee is £594 inc VAT, and your £109 initial payment is counted towards this, so the balance due on dissent is £485 inc VAT.

Question 14

What is the 'deemed dispute' rule?

Accepted Answer

If your neighbour does not respond within 14 days of receiving the notice, the Act treats this as a dispute having arisen, even without a formal objection. Silence does not count as consent. At that point, surveyors must be appointed and a Party Wall Award prepared before work can legally begin. We manage this transition automatically; you don't need to chase your neighbour or take any separate action.

Question 15

What happens when a neighbour dissents?

Accepted Answer

If your neighbour formally objects to the notice, that is called a dissent. It does not mean the works cannot go ahead; it activates the formal surveying process. Both parties must then either jointly appoint a single Agreed Surveyor, or each appoint their own. The appointed surveyor or surveyors will produce a Party Wall Award that defines the terms under which the works can legally proceed. A dissent is not unusual and is not something to worry about.

Question 16

What does an Agreed Surveyor do?

Accepted Answer

An Agreed Surveyor is a single surveyor jointly appointed by both the Building Owner and the Adjoining Owner. Rather than acting for one side, they act impartially in the interests of both parties and produce a single Award. This is the most efficient outcome: faster, cheaper, and without the dynamic of two opposing surveyors negotiating over terms. At Party Wall Online, we always aim for an Agreed Surveyor appointment and approach your neighbours directly to explain the benefits.

Question 17

What is the Third Surveyor's role?

Accepted Answer

When both parties appoint their own separate surveyors rather than a shared Agreed Surveyor, those two surveyors are required by the Act to jointly select a Third Surveyor at the start of the process. The Third Surveyor acts as a referee; they only become involved if the two appointed surveyors cannot agree on something, or if either party wishes to challenge a decision. In the majority of cases, the Third Surveyor is named but never called upon.

Question 18

Can a party remove or replace their surveyor?

Accepted Answer

Not freely. Once appointed, a party wall surveyor's duty is to the Award and the Act, not exclusively to the person who appointed them. This independence is what makes the process fair to both sides. A surveyor can only be replaced in specific circumstances set out in the Act, such as if they become incapable of acting. Simply being unhappy with their position is not sufficient grounds for removal.

Question 19

What can a Party Wall Award include?

Accepted Answer

A Party Wall Award is a legally binding document signed by the appointed surveyor or surveyors. It can specify: which works are permitted and how they are to be carried out; the permitted working hours; any protective measures to safeguard the adjoining property; the Schedule of Condition taken before works begin; and provisions for access. It can also address costs. It cannot grant rights beyond what the Act allows, override planning permission, or deal with matters unrelated to the notifiable works.

Question 20

My builder started without serving notices: what now?

Accepted Answer

This is more common than you'd think. You'll need to stop works immediately, serve retrospective notices, and appoint surveyors to regularise the situation. Our retrospective service handles this. Start with the £109 notice fee. If a retrospective Award is required, an additional £354 inc VAT applies to the standard surveying fee.

Question 21

Can I be prosecuted for not serving a notice?

Accepted Answer

There is no criminal offence for failing to serve a party wall notice, but your neighbour can seek an injunction to stop the works, and you may be liable for any damage caused. Acting quickly to regularise the situation is strongly advised.

Question 22

What is the Access to Neighbouring Land Act 1992?

Accepted Answer

It is a separate piece of legislation from the Party Wall Act that lets a property owner apply to the county court for an Access Order when they need to enter a neighbour's land to carry out preservation works to their own property. It only applies where the Party Wall Act does not already grant a right of access.

Question 23

When would I use the Access to Neighbouring Land Act instead of the Party Wall Act?

Accepted Answer

The Party Wall Act covers works to shared walls, boundary walls, and excavations near a neighbour's building, and it grants automatic access under Section 8. The Access to Neighbouring Land Act is used for ordinary maintenance where no Party Wall Act right applies, such as repainting a flank wall on the boundary, clearing a gutter, or replacing a drainage pipe.

Question 24

What counts as 'basic preservation works'?

Accepted Answer

Maintenance, repair or renewal of a building or structure; clearance, repair or renewal of drains, sewers, pipes or cables; treatment, cutting back, felling, removal or replacement of dead, diseased or unsafe hedges, trees, shrubs or plants; and filling in or clearance of a ditch. The common thread is preservation (keeping the property in its existing condition), not improvement or new construction.

Question 25

Does the Act cover building an extension or a new wall?

Accepted Answer

No. The Access to Neighbouring Land Act only covers preservation of an existing property. It does not give you a right of access for new construction, extensions, loft conversions or improvement works. Where works are notifiable under the Party Wall Act, use the access rights in that Act instead.

Question 26

My neighbour refuses to let me onto their land to carry out repairs: what can I do?

Accepted Answer

Start by making a written request setting out the works, the duration, the precautions you will take, and any reinstatement or insurance you are offering. If the neighbour still refuses, you can apply to the county court for an Access Order under the Access to Neighbouring Land Act 1992. The court will normally grant the Order unless access would cause the neighbour unreasonable interference or hardship.

Question 27

Will I have to pay my neighbour for access?

Accepted Answer

Possibly. The court can require the applicant to pay compensation for any loss, damage or injury caused by the works. Where the applicant's property is not residential, the court can also order a separate 'consideration' payment for the privilege of entry. For residential applicants, only compensation is available, not consideration.

Question 28

How long does an Access Order last?

Accepted Answer

The Order specifies a defined period, tailored to the works. It is not a permanent right of access. The Order can be registered as a land charge so it binds any successors in title for its duration, but once the period ends, the right to enter ends with it.

Frequently Asked Questions

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The Basics

Notices & Timelines

Digital Service

Costs & Fees

Surveyor Appointments & the Dispute Process

Works Already Started

Access to Neighbouring Land

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