Faulkner
FAQS

My neighbour has started building work but hasn’t notified me. What can I do?

If your neighbour begins works that fall under the Party Wall etc. Act 1996 and has not served a formal notice, they are acting outside the law. You are entitled to take action to stop the works if they may affect your property.

The usual remedy is to apply to the County Court for an injunction.
A judge will consider the situation, and you may be required to give a cross-undertaking in costs — meaning that if it turns out the works were lawful, you may be responsible for the neighbour’s costs.

Because of this, always seek legal advice before pursuing an injunction.

When does the Party Wall Act apply?

The Act covers three main categories:

1. Building on or up to the boundary between two properties

2. Excavating within certain distances of a neighbouring structure

3. Cutting into, altering or affecting a shared (party) wall or structure

Examples of notifiable works include:

• Cutting into a party wall to insert steel beams (e.g., for a loft conversion)

• Excavating within 3 metres of a neighbour’s foundations for an extension

• Building a new wall on the boundary

• Removing chimney breasts attached to the party wall

Are Party Wall Agreements mandatory?

If your project includes structural work to a shared wall, boundary wall or floor/ceiling between flats, you must serve written Party Wall Notices to your neighbour(s).

While the Act does not contain a criminal penalty for failing to serve notice, your neighbour can apply for a court injunction to stop your works. They may also pursue legal action for damages.

Serving notice correctly protects you.

Who pays for Party Wall Surveyor fees?

In most cases, the Building Owner (the person carrying out the works) pays all surveyor costs — including:

• Their own surveyor

• The Adjoining Owner’s surveyor

• The cost of preparing the Award and schedule of condition

The exception:
If the work is required due to the neighbour’s defect or disrepair, the surveyors may allocate costs differently.

What building works are covered by the Party Wall Act?

The Act covers:

• New walls built on or up to the boundary

• Changes to an existing party wall (raising, lowering, thickening, cutting into it)

• Removing chimney breasts from a shared wall

• Demolishing and rebuilding a party wall

• Excavations deeper than the neighbour’s foundations within 3 or 6 metres

• Any work that could affect the structural support of a party wall

If you’re unsure, our surveyors can confirm whether your project is notifiable.

What if I want to excavate near my neighbour’s property?

If your planned excavation is:

• Within 3 metres of your neighbour’s foundations and deeper than their foundations →
  You must serve a Section 6(1) notice.

• Within 6 metres of your neighbour’s foundations and below a 45° line drawn from their foundation level →
  You must serve a Section 6(2) notice.

You can serve these notices yourself, but most homeowners choose a surveyor to ensure they are valid and legally compliant.