Landlord Party Wall UK 2026 — Party Wall etc. Act 1996: Notices, Awards, and Surveyor Costs

When the Party Wall etc. Act 1996 applies — three categories of work

The Act applies to work falling into one or more of three categories under ss.1, 2, and 6 of the Act:

• Section 1 — building on the line of junction: Where a building owner wishes to build a new wall at or astride the boundary line between two properties (for example, a new garden wall or a wall extension built along the boundary), the building owner must serve a line of junction notice on the adjoining owner. The adjoining owner has 14 days to consent or dissent. If they dissent, the wall must be built entirely on the building owner's land
• Section 2 — work on an existing party structure: A party structure is a wall, floor, partition, or other structure forming part of a building that stands on the boundary between two properties or that separates flats within the same building. Works that trigger s.2 include: cutting into the party wall to install steel beams; raising the party wall; underpinning the party wall; cutting away projections from the party wall; making openings in the party wall; demolishing and rebuilding the party wall. A party structure notice must be served at least 2 months before commencing the works
• Section 6 — excavation near adjoining structures: Where excavation is proposed within 3 metres of an adjoining owner's building (measured horizontally) and the excavation is to a depth below the adjoining owner's existing foundations, or within 6 metres of an adjoining owner's building where the excavation would intersect a line drawn at 45 degrees downward from the base of the adjoining owner's existing foundation, an adjacent excavation notice must be served. This commonly applies to extension footings, basement conversions, and retaining wall work. The notice must be served at least 1 month before commencing excavation
• What does NOT trigger the Act: Work entirely within the building owner's own property that does not affect the party wall or boundary — for example, internal work on a non-party internal wall, repairs to a roof not forming a party structure, installation of windows in a non-party wall. A structural engineer or party wall surveyor should advise whether specific works trigger the Act

Serving party wall notices — content, timing, and response

Party wall notices must be served in writing and comply with the content requirements of the Act:

• Content of the party structure notice (s.2): Must state: the building owner's name and address; a description of the proposed works (sufficiently detailed for the adjoining owner to understand what is intended); the proposed start date (no earlier than 2 months after service of the notice); a statement that the notice is served under the Party Wall etc. Act 1996; and a plan of the proposed works (if the works involve complex structural changes)
• Content of the adjacent excavation notice (s.6): Must state: the building owner's name and address; a description of the proposed excavation; the depth to which it is proposed to excavate; a plan showing the site of the proposed works and the adjoining owner's structure; the proposed start date (no earlier than 1 month after service of the notice)
• Service: Notice must be served on every owner of the adjoining land — including mortgagees (where mortgagees occupy the property) and freeholders (where the adjoining property is leasehold). Notice can be served personally, by post to the property, or by post to the owner's last known address. Notice is served when received — not when posted
• Adjoining owner's response: The adjoining owner has 14 days to respond to a party structure notice or adjacent excavation notice. They may: (a) consent in writing (the works can then proceed without a party wall award); (b) dissent in writing (which triggers the surveyor appointment process); or (c) fail to respond within 14 days (which is treated as dissent). Where the adjoining owner is a landlord, their tenant who is in occupation must also be notified under s.11(1)

Party wall awards — the surveyor process and the award

Where the adjoining owner dissents or fails to respond, the dispute must be resolved by party wall surveyors who agree a party wall award:

• Agreed surveyor (single surveyor): The building owner and adjoining owner can agree to appoint a single party wall surveyor who acts impartially for both parties. This is typically the fastest and cheapest option (fees typically £800-£1,500 for a straightforward loft conversion party wall award). The agreed surveyor inspects both properties, records the condition of the adjoining owner's property (a schedule of condition), and prepares the party wall award
• Two-surveyor procedure: Where the parties cannot agree on a single surveyor, each appoints their own party wall surveyor. The two surveyors then appoint a third surveyor (an 'agreed third surveyor') who can be called in to determine any disputes between the two surveyors. The building owner typically pays both surveyors' fees — which makes the two-surveyor procedure significantly more expensive (combined fees of £2,000-£5,000+ for a loft conversion)
• The party wall award: The party wall award is a formal document setting out: the works the building owner is permitted to carry out; the conditions under which they must be carried out (working hours, protection measures, agreed access for inspections); the schedule of condition of the adjoining owner's property (used to assess any damage caused by the works); provisions for making good any damage caused. The award binds both parties
• Schedule of condition: A schedule of condition prepared before works commence records the existing state of the adjoining owner's property — particularly any pre-existing cracks, defects, or damage. This protects both parties: the building owner cannot be held responsible for pre-existing damage; the adjoining owner can identify new damage caused by the works by comparing the pre- and post-works condition

Costs — who pays for party wall surveyors and works?

The allocation of costs under the Party Wall etc. Act 1996 follows clear principles:

• Building owner pays the surveyor's fees: The building owner (the party carrying out the works) is generally liable for the costs of the party wall surveyors — including both the building owner's surveyor and the adjoining owner's surveyor in the two-surveyor procedure. The adjoining owner is typically entitled to their own surveyor's fees paid by the building owner
• Building owner pays to make good damage: Where works cause damage to the adjoining owner's property, the building owner must make good the damage — in cash (if the adjoining owner prefers) or by carrying out repair works. The schedule of condition is the key evidence for establishing which damage was caused by the works
• Shared benefit = shared cost: Where works benefit both properties (for example, underpinning a shared foundation), the costs may be split between the building owner and the adjoining owner in proportion to the benefit received
• Landlord's obligation when tenant carries out works: Where a tenant of a rental property proposes alterations that would affect a party wall (which requires landlord's consent under the Consent to Alterations provisions of the lease — see `landlord-consent-to-alterations-uk`), the landlord should ensure that the tenant complies with the Party Wall etc. Act 1996 before carrying out any notifiable works. A tenant's failure to serve party wall notices may expose the landlord to liability as building owner

Frequently asked questions