The Party Wall etc. Act 1996 applies in England and Wales. It sets out how you tell your neighbour about building work on or near a shared boundary and how disputes are settled. Your neighbour cannot stop lawful work, but can affect how and when it is done. It is separate from planning permission and Building Regulations approval.
You do not need to give notice for minor work such as plastering, replacing wiring or sockets, or drilling to put up shelves.
Before you serve notice
You can talk to your neighbour first, but put any agreement in writing. Work on a party structure, which needs the longer notice, includes work on a floor separating flats.
Counter notices
Instead of consenting or refusing, your neighbour can serve a counter notice asking for extra work to be done at the same time, which they pay for if it benefits them. A counter notice must be served within a month of your notice, and you must reply to it within 14 days.
Surveyors and the award
You cannot act as your own surveyor. If your neighbour will not appoint one, you can appoint a surveyor for them. The award also sets out who pays for which part, including the surveyors' fees. Either of you can appeal against the award to the county court within 14 days of receiving it.
Sharing costs and access
Your neighbour may have to share the cost of work on a party wall if it is needed because of defects or lack of repair, or if they asked for extra work. Your neighbour must let surveyors and workers in during usual working hours, with 14 days' notice except in an emergency.
-
A list of adjoining owners
Identify every owner of each neighbouring property the work affects.
-
Written notices served in time
Use the letter templates in the GOV.UK explanatory booklet and serve them at least one or two months ahead, depending on the work.
-
Written consent or a surveyor
Keep any written consent; if none arrives within 14 days, appoint a surveyor.
-
A party wall award
If there is a dispute, do not start the notifiable work until the surveyors have made the award.
Legal basis
Primary legislation and key regulations
Read it on legislation.gov.uk (opens in a new tab) legislation.gov.uk