Party wall disputes can turn house extensions and building work into stressful nightmares. Whether you’re planning proposed works, removing a chimney breast, or digging foundations near adjoining properties, understanding disputes over party walls saves you thousands of pounds and delays. Our Party wall surveyor can walk you through the process.
At AC Design Solution, we’ve handled party wall issues across London for over a decade. We advise clients on the dispute resolution process.
Party Wall Disputes: Quick Facts
| Question | Answer |
|---|---|
| Response deadline | 14 days from written notice |
| Notice types | 3 (Party Structure, Line of Junction, Adjacent Excavation) |
| Who pays? | Building owner pays surveyor’s fees |
| Can neighbour stop work? | No—only delay while Award prepared |
| Appeal window | 14 days to County Court |
| Surveyor’s fees | £700–£1,500 per surveyor |
| Resolution time | 4–8 weeks |
If you need notices served, a Schedule of Condition completed, or a Party Wall Award professionally prepared and agreed, our surveyors handle the full process for you.
Learn more about our Party Wall Surveyor service →What is a Party Wall?
A party wall is shared between two properties. Under the Party Wall etc. Act 1996, this includes a wall standing on the land of two owners separating buildings (like terraced houses or semi-detached homes), a wall on one owner’s land but used by both, or a wall separating buildings on one owner’s land. It is worth noting not all separating walls are party wall for example, some properties in chelsea may have two independent walls which you may never know of until you drill into it.
Party structures include floors between flats, shared foundations, and boundary wall types. The Act 1996 applies to any existing wall or structure serving both properties and a neighbouring property.
What is the Party Wall etc. Act 1996?
The Party Wall etc. Act 1996 was introduced to provide a legal framework. The Act 1996 applies in England and Wales.
Three scenarios trigger the Act: boundary wall and excavation work (constructing structures or excavating within three or six metres of adjoining properties), changes affecting shared wall integrity, and additional work to existing structures.
Anyone intending to carry out proposed works or building work must give notice to adjoining owners. Property owners need to serve a party wall notice before starting.
If you need notices served, a Schedule of Condition completed, or a Party Wall Award professionally prepared and agreed, our surveyors handle the full process for you.
Learn more about our Party Wall Surveyor service →What are the Types of Party Wall Notices?
You must serve notice to adjoining owners before starting:
Party Structure Notice
Served when making changes. Anyone intending to carry out building work on an existing structure must serve this notice at least two months before starting. Once served, owners have 14 days to respond.
Line of Junction Notice
This notice under the Act 1996 applies when building on the boundary line. You must give owners notice at least one month before proposed works begin.
Adjacent Excavation Notice
Required when planning boundary wall and excavations near adjoining properties or a neighbouring property within 3 metres if your foundations go deeper, or within 6 metres if excavation exceeds a 45-degree line. Property owners must serve notice at least one month before excavation starts.
If you need notices served, a Schedule of Condition completed, or a Party Wall Award professionally prepared and agreed, our surveyors handle the full process for you.
Learn more about our Party Wall Surveyor service →How Long Have My Neighbours Got to Respond to My Party Wall Act Notice?
Your neighbour has 14 days from when notice has been served to respond. They can consent, dissent or not respond (triggering the dispute resolution process), or request changes.
If your neighbour dissents, you cannot commence proposed works. You’ll need to arrange a surveyor process and require a party wall agreement. We recommend serving written notice at least 10–12 weeks before your start date.
What is the Outcome of a Party Wall Notice?
If Your Neighbour Consents
You receive written consent and can commence building work. Many property owners commission a Schedule of Condition (£300–£600) even with consent. This sounds excessive but proves invaluable if damage claims surface months later.
If Your Neighbour Dissents
The dispute resolution process begins. Each party appoints a surveyor, or both agree to use one joint surveyor. The agreement is a legally binding document that sets out what building work and proposed works can be done, when you can commence, and includes a Schedule of Condition protecting rights and responsibilities.
Awards typically take 4–8 weeks. In our experience, most delays happen because property access isn’t arranged quickly enough, not because surveyors disagree.
What if the Surveyors Cannot Agree on the Award?
If surveyors can’t reach agreement, they must appoint a Third Surveyor who acts as independent arbitrator under the Act 1996. Their determination is binding.
This sounds complex, but in reality it’s rare. We’ve completed over 800 party wall matters and needed Third Surveyor intervention only three times. Most experienced surveyors know what’s reasonable under the Act and reach agreement without escalation.
Third Surveyor fees typically range from £800–£1,900, split equally—this is a rough guide, as costs can change from surveyor to surveyor.
What if I Don’t Agree with the Final Award?
You can appeal to the County Court within 14 days. Solicitors can help assess grounds for appeal.
Appeals are technically possible. In practice, they’re rarely worth pursuing unless there’s a clear procedural error or the surveyor acted outside their authority. Legal costs escalate quickly—typically starting at £5,000 and often exceeding £15,000 for a full hearing.
Most issues can be resolved before the agreement becomes legally binding by discussing concerns with your surveyor directly. If a property owner refuses to comply and continues additional work violating terms, you could seek an injunction.
What if My Neighbour is Carrying Out Works, But Hasn’t Served a Party Wall Act Notice?
If your neighbour starts notifiable building work without serving written notice, they’re breaching the Act 1996.
Talk to them first. Many homeowners genuinely don’t know that proposed works require giving owners notice before they commence. We see this regularly—contractors tell clients “don’t worry about party wall” when they absolutely should worry about it.
If that fails, serve a counter-notice stating they’re in breach because no notice has been served. Solicitors can help you apply to the County Court where you could seek an injunction until proper notice under the Act 1996 has been served.
The key thing to understand is this: if your neighbour hasn’t been served with notice for required building work, any damage is automatically their responsibility. The burden of proof shifts entirely to them. Don’t wait if you become involved in a dispute. This is crucial in terraced houses where damage can affect multiple properties and compromise shared wall integrity.
Get our comprehensive guide explaining the Party Wall Act, your rights and obligations, notice requirements, and what to expect from the surveyor process.
Download the free guide →How AC Design Solution Can Help You
Disputes don’t have to be confrontational. At AC Design Solution, we’ve acted as surveyors for over 1,000 projects. We advise clients on the dispute resolution process. Rather than causing issues we try to make the process as smooth as possible between neighbouring properties.
We can represent you as building owner or owner if you’ve been served with notice. We’ll help you serve notice correctly, assess whether you require an agreement for your proposed works and building work, and negotiate terms protecting rights and responsibilities.
Whether planning house extensions, loft conversions, or removing load-bearing walls, we’ll help you arrange the process. Solicitors can help with legal aspects—we handle technical and surveying elements. We work extensively with terraced houses across London. We keep surveyor’s fees transparent and reasonable.
Buying a Property That Has a Party Wall Agreement
We came across this many times—in fact, we came across this only last week. A client purchased a property in the heart of London as a business. The company they purchased has a party wall agreement in place. The question was whether that can transfer over? The short answer: A Party Wall Award does not automatically transfer to a new owner if the building owner sells the property, even if works have started.
The Award is personal to the named building owner.
It does not pass on sale.
The new owner is not bound unless all parties agree to a formal assignment/novation (often tripartite), which is uncommon.
Best practice: stop, serve new notices, and issue a new Award in the new owner’s name.
Check whether all additional work and proposed works specified were completed and if damage claims are pending. Solicitors can help assess implications. Ask sellers about building work where notice has been served in the last 6 years and any unresolved disputes.
Is There a Difference Between a Party Wall and a Boundary Wall?
Yes. A party structure is shared between properties. The Act 1996 governs building work, and those intending to carry out proposed works must give owners notice.
A boundary wall that sits entirely on one property owner’s land isn’t shared. You don’t need to serve notice under the Act 1996 as it applies only to shared structures. The confusion arises with boundary wall and excavations. If a boundary wall is used by both properties or a neighbouring property, it becomes an existing structure, and you need to serve notice before making changes.
Who Pays for a Party Wall Dispute?
The building owner pays surveyor’s fees: your surveyor, your neighbour’s surveyor (or joint surveyor if agreed), preparing the agreement, and inspections. The agreement is a legally binding document specifying rights and responsibilities regarding costs.
If a Third Surveyor is appointed, both parties typically split fees equally. Building owners also pay for damage repairs, temporary protection maintaining shared wall integrity during building work, and repairs. Surveyor’s fees range from £700 to £1,500. For terraced houses with multiple properties, costs may be higher if additional work is required.
My Neighbour Refused to Give Consent to My Party Wall Agreement – What Happens Next?
Don’t panic if you become involved in a dispute. Dissent is normal under the Act 1996. When your neighbour dissents after you serve notice, you appoint a surveyor. Your neighbour appoints theirs, or both agree to use one joint surveyor. They prepare an Award allowing you to commence proposed works and building work under specific terms while protecting shared wall integrity.
Your neighbour cannot stop building work by dissenting. The Act 1996 applies in England and Wales to give you the right to proceed once an agreement is in place. Most cases lead to fair Awards satisfying rights and responsibilities.
Can I Dispute a Party Wall Agreement or a Party Wall Award?
Before the agreement becomes legally binding, raise concerns with your surveyor. After notice has been served and Award finalized, you have 14 days to appeal. Solicitors can help assess valid grounds: surveyors exceeding authority under the Act 1996, improper procedures, fundamental errors, or bias.
Get a second opinion before spending thousands on legal advice, particularly for complex disputes in terraced houses where multiple properties are affected by changes. If parties refuse to comply, you could seek an injunction.
Need help with disputes or want to serve notice? AC Design Solution provides expert surveying services across London. We advise clients and ensure you require an agreement protecting rights and responsibilities. Those intending to carry out proposed works or building work should contact us. We’ll guide you through the Act 1996, help you serve notice, and ensure you can commence building work without delays while maintaining shared wall integrity. We handle surveyor’s fees transparently for terraced houses and all situations with a neighbouring property.
