Party wall matters: a simple go to guide

By Anderton Gables

09 Oct 2019

party.jpg

Certain works which are likely to affect your neighbours are covered by the Party Wall etc. Act 1996. This legislation provides protection to all parties involved and is intended to enable the works to be undertaken. In the event of non-cooperation from your neighbour or disagreement, party wall surveyors agree how the works should be carried out, including necessary protection measures and rectification of any damage. The purpose of the act is to avoid litigation by dealing with potential problems up front.

You are legally required under the act to serve a formal written notice to your neighbour if you are planning any works that will involve:-

  • affecting an existing party wall/structure (walls/ceilings/floors separating your property from another)
  • building a new wall at/over the boundary line of your site
  • excavating within 6m of existing buildings/structures on surrounding sites

Some works are considered too minor to require the process of notification. Anderton Gables can advise you on which notices are required, which properties need to be notified, and can serve the notices on your behalf.

Your neighbour or 'Adjoining Owner' can either agree to the works as proposed in the notice, or disagree. If they decide to disagree, or do not respond Party Wall Surveyor(s) will become involved and draw up a Party Wall Award which states how the work should be done and the responsibilities of the various parties involved. The adjoining owner can insist on appointing their own surveyor in addition to your surveyor; however, all party wall surveyors must act impartially, in the interest of protecting all stakeholders and enabling the works to be undertaken. Unfortunately, the cost of all party wall surveyors fees usually will be payable by the building owner proposing the work.

In order to ascertain whether any damage to your neighbour’s property has been caused by the execution of the works, a 'Schedule of Condition' is normally prepared by the party wall surveyor(s) prior to the works, which can then be referred to following completion. The building owner undertaking the works will be liable for any damage caused. For this reason and to avoid false claims, even in the event your neighbour agrees to the works and accepts the notice it is strongly advisable to prepare a Schedule of Condition of their property in the areas which may potentially be affected.

Timing

Party wall matters can cause a delay to the project, so this should be considered reasonably early in the design stage. Depending on the notice required you may need to inform your neighbours up to 2 months prior to your proposed start date. If the project is complex it may take some time for the surveyors to come to an agreement, or several awards may be required. The act does provide various mechanisms for non-cooperation including non-communication of adjoining owners and their surveyors, however there are also rights of appeal and referral to a third surveyor if necessary.

Non compliance

If work requiring a notice is undertaken without notification, or in breach of the notice or non-compliance with the agreed party wall award, a court injunction can be obtained to stop the works.

For all your Party Wall related matters and to seek initial advice please contact Vince Rimmer in our Preston Office Tel: – 01772 562800

Vince sits on the North-West committee of the p&t club – the eminent club for Party Wall Surveyors, and is the only member to achieve Fellow status of the Faculty of Party Wall Surveyors, and listed as an expert Third Surveyor.

Enjoyed this? Read more from Anderton Gables

Latest news

1

Focus Yards launches to deliver UK’s largest open storage network FocusYards FIREM

Focus Yards launches to deliver UK’s largest open storage network

12 Dec 2025

2

Bank of England deputy discusses Blackpool's opportunities and challenges Bank of England deputy governor Clare Lombardelli met a top delegation in the Blackpool

Bank of England deputy discusses Blackpool's opportunities and challenges

12 Dec 2025

3

Panache Cruises secures £2.75m refinance deal with HSBC UK James Cole chief executive and founder of Panache Cruises

Panache Cruises secures £2.75m refinance deal with HSBC UK

12 Dec 2025

4

One Stop Hire expands operation at Ackhurst Business Park Ackhurst Business Park

One Stop Hire expands operation at Ackhurst Business Park

11 Dec 2025

5

Major job cuts reported at Burnley tech business Burnley town centre

Major job cuts reported at Burnley tech business

11 Dec 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

St Catherine's Christmas Tree-Cycling
Tree Cycling.png.png
LBV Hub Fundraisers
25 Nov 2025 - 10 Jan 2026

St Catherine's Christmas Tree-Cycling

Several locations, Preston, PR5 5XU

10:00 - 13:07

Lancashire post Budget analysis finance leaders events
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Dec 2025

Lancashire post Budget analysis finance leaders events

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

Preston Tech Connection Christmas Social
PTC December Social.jpg.jpg
LBV Hub Social
16 Dec 2025 - 16 Dec 2025

Preston Tech Connection Christmas Social

Wings and Beer, Cannon Street, Preston, PR1 3NT

18:00 - 20:00

Chamber Business Lunch – December
Logo.jpg.jpg
LBV Hub Social
19 Dec 2025 - 19 Dec 2025

Chamber Business Lunch – December

Morecambe Football Blub, Morecambe, LA4 4TB

11:00 - 14:00

Chamber Breakfast Networking – January
Lancs-cham-logo.jpg.jpg
LBV Hub Networking
08 Jan 2026 - 08 Jan 2026

Chamber Breakfast Networking – January

3-1-5 Health Club, Lancaster, LA1 3PE

08:00 - 10:00

Preston Freelancer Meet-Up: January
January Freelancer Meet-Up Square .png.png
LBV Hub Networking
20 Jan 2026 - 20 Jan 2026

Preston Freelancer Meet-Up: January

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
05 Mar 2026 - 27 Dec 2025

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

Lancashire Business Expo 2026
SE, Lancashire 2025.png.png
LBV Hub Exhibitions
27 Mar 2026 - 27 Mar 2026

Lancashire Business Expo 2026

Sir Tom Finney Sports Centre, Preston, PR1 2HE

09:00 - 15:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin