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Party Wall etc. Act 1996.

The Party Wall etc. Act 1996 exists to protect the rights of property owners when building work affects shared walls, boundaries, or adjoining structures. While it may appear straightforward, navigating party wall matters can quickly become complex. The Act outlines specific legal responsibilities for both building owners and adjoining owners, covering how notices must be served, how disputes are resolved, and how work is carried out without causing unnecessary damage or inconvenience.

Our party wall services

Leading experts in party wall

We are recognised specialists in party wall and neighbourly matters, providing clear, commercially focused advice backed by extensive technical expertise. As Chartered Surveyors, regulated by the Royal Institute of Charted Surveyors (RICS), we operate to the highest professional and ethical standards, giving our clients confidence at every stage of the process.

Our team has significant experience acting for building owners and adjoining owners alike under the Party Wall etc. Act 1996, delivering pragmatic solutions that protect our clients’ interests while minimising delays and disputes. From serving notices and preparing detailed schedules of condition to negotiating and agreeing Party Wall Awards, we manage the process efficiently and professionally.

We combine deep technical knowledge with practical understanding of construction, property law, and risk management. this enables us to provide robust, defensible advice that stands up to scrutiny and safeguards your project.

Whether you are undertaking a residential extension or a complex development, you can rely on Rise Surveyors’ expertise, independence, and commitment to achieving the right outcome.

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Our process

Our step-by-step approach to your project

Step 01

We understand your needs

We will have an initial consultation with you to get a full understanding of the project and, at the same time, review the current drawing detail to establish its suitability and to understand what Notices will be needed.

Step 02

Serve the required notices

Once we have a greater understanding of your proposed works and have the requisite drawing information, we will serve the required Party Wall Notices and engage with the neighbours and their appointed surveyors with a view to agreeing a party wall award.

Step 03

Conclude and serve

Deal with surveyor comments whilst in consultation with your design team, and conclude the award(s) and serve accordingly.

frequently asked questions

Common party wall questions

What is a party wall surveyor?

A party wall surveyor is a specialist surveyor that administers the provisions of the Party Wall etc. Act 1996 when a dispute has arisen between two owners. Their role is to act impartially to resolve the dispute which is usually captured in a party wall award.

When are party wall surveyors appointed?

Surveyors are only appointed if there is a “dispute” under the Party Wall etc. Act 1996. Firstly, the Building Owner serves a formal written notice on their neighbour (The Adjoining Owner) setting out clearly their intentions to work on or near a joint party wall and/or within 3m/6m of an adjoining property. Secondly, the adjoining owner needs to respond to the notice selecting to “dissent”. At that point a dispute arises and a surveyor or surveyors must be appointed in writing.

What happens if I receive a party wall notice from my neighbour?

Once the Building Owner serves you with a notice, you have 14 days in which to respond. If you fail to respond in that timeframe, then a “deemed dispute” arises and the Building Owner must serve a further notice giving an extra 10 days to respond. This equates to 24 days in total. The accompanying letter, will request that you make one of the following selections.

You may agree (consent) to the works. It which case no dispute arises and therefore no surveyors are needed. The Building Owner is then free to carry out the works subject to the Notice once the statutory notice period has run.
You disagree to the works (Dissent) and agree on one joint surveyor being appointed. This is commonly referred to as the Agreed Surveyor. Once formally appointed, the Agreed Surveyor must act impartially to settle the dispute and prepare a party wall award setting out the timing and manner in which the works shall take place.
You disagree to the works (Dissent) and appoint your own surveyor. Then there will be two surveyors appointed and those surveyors shall engage whilst acting impartially to agree an award setting out the timing and manner in which the works shall take place.

If you fail to respond to any of the notices, then the building owner (or their surveyor) may appoint a surveyor to act on your behalf.

What is contained in the award?

The award sets out the rights and duties of both the Building Owner and the Adjoining Owner making provisions on how the properties are to be protected during the course of the works. A condition survey is also taken prior to any works taking place to determine any existing defects in the neighbouring property so that there is a record of fact to refer to in the event of further disputes on damage. The surveyors will also review the works, make reasonable suggestions on the construction detail and recommend updated information to be provided. Once the two surveyors are happy, the award is published on both owners.

Who pays the fees of the Surveyors?

Usually the Building Owner. The surveyor acting for the Building Owner will have a formal contract which has arisen, usually, from a fee proposal and signed Terms. For the Adjoining Owners Surveyor, it is usual for the Building Owner to pay their fees and such fees must be reasonable and determined by the two surveyors. However, in the event a dispute on fees arises, then the two surveyors may select to present this to the Third Surveyor for determination and depending on the outcome, the Third Surveyor may award in either the Building Owner or Adjoining Owners favour. If, as the Adjoining Owner, the Third Surveyor awards against you, your surveyor could attempt to seek recovery of any shortfall. This could also include having to pay the fees of the Third Surveyor.

How do I choose a surveyor?

The Act does not set out the definition of a party wall surveyor and what credentials they should hold. The advice here is to look for a surveyor that has relevant experience, has a Building Surveying degree and is a member of a professional body such as the Royal Institute of Chartered Surveyors (RICS). Care must be taken when selecting your surveyor as once appointed, they cannot be removed unless they formally deem themself incapable of acting.