Party Wall Surveyor | Party Wall Act Notices & Awards

The Basics

What Is the Party Wall Act?

The Party Wall etc. Act 1996 is a piece of legislation that applies in England and Wales. It governs work carried out to, or near to, a party wall (a wall shared between two properties), a party structure (a floor or ceiling shared between flats), or at or near the boundary between neighbouring properties.

If you intend to carry out any notifiable work, you must serve formal written notice on your neighbour(s) before works begin. If they consent, works can proceed. If they dissent — or fail to respond within 14 days — the dispute resolution process under the Act is triggered, and a party wall surveyor must be appointed.

⚠️ Important: Failing to serve the correct notices before starting work is a civil wrong that can result in an injunction to stop works, claims for damages, and significant delays. Always take legal and surveyor advice before notifiable works begin.

Works That Require a Party Wall Notice

🧱 Cutting into a party wall (to insert beams, etc.)
🧱 Making a party wall taller, shorter or deeper
🧱 Underpinning a party wall
🏠 Building on or at the boundary line
🏗️ Converting a loft and cutting into a party wall
🏗️ Building a new wall at or astride the boundary
⛏️ Excavating within 3m of a neighbour's building if your works will go deeper than their foundations
⛏️ Excavating within 6m if the new works would cut a 45° line from the base of their foundations
🔨 Demolishing and rebuilding a party wall or chimney breast
🪟 Removing chimney stacks supported by a party wall

Types of Party Wall Surveyor Appointment

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Agreed Surveyor

Both the building owner and the adjoining owner appoint the same single surveyor to act impartially for both parties. This is the most cost-effective arrangement and is encouraged where both parties have an amicable relationship.

Most cost-effective

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Acting Surveyors

Each party appoints their own independent surveyor. The two surveyors work together in good faith to draw up the Party Wall Award. If they cannot agree, they jointly appoint a Third Surveyor to resolve the dispute.

Standard appointment

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Third Surveyor

Selected at the outset by the two acting surveyors (not the parties themselves), the Third Surveyor acts as a referee if the acting surveyors cannot reach agreement on any element of the Party Wall Award.

Dispute resolution

The Party Wall Process — Step by Step

Identify notifiable works — confirm with your surveyor or solicitor whether your proposed works require notice under the Act.
Serve Party Wall Notice — formal written notice must be served on each adjoining owner. The notice period is typically 1–2 months before works start depending on the notice type.
Await response (14 days) — if the neighbour consents in writing, works may proceed. If they dissent or do not respond, the dispute resolution process is triggered.
Surveyor(s) appointed — either an Agreed Surveyor or each party appoints their own. The Third Surveyor is selected.
Schedule of Condition prepared — the surveyor(s) record the existing condition of the adjoining property before works begin, protecting both parties.
Party Wall Award issued — a legally binding document detailing the works permitted, working hours, access rights, and any protective measures required.
Works proceed — the building owner may start work, subject to compliance with the Award throughout.
Post-works inspection — the surveyor may carry out a post-completion inspection to confirm no damage has occurred.

Party Wall Surveyor Costs

Service	Typical Cost
Party Wall Notice preparation	£150 – £300
Schedule of Condition only	£300 – £600
Agreed Surveyor (full award)	£700 – £1,400
Acting Surveyor (building owner)	£800 – £1,800
Acting Surveyor (adjoining owner)	£700 – £1,500
Third Surveyor appointment	£1,000 – £2,500+

Costs increase with complexity, number of adjoining owners, and extent of works. The building owner typically pays the adjoining owner's reasonable surveyor fees.

💡 Who pays? Under the Act, the building owner (the one carrying out the works) is generally responsible for paying the reasonable costs of both surveyors — including the adjoining owner's surveyor.

Frequently Asked Questions

No. The Party Wall etc. Act 1996 applies only in England and Wales. Scotland has different common law rules and property law procedures for managing works near boundaries and shared structures. If you are carrying out works in Scotland that may affect a neighbouring property, you should take advice from a Scottish solicitor.

No — if your works are notifiable under the Act, you must serve notice before starting. Proceeding without notice is a civil wrong. Your neighbour could apply for an injunction to halt the works, and you could be liable for their legal costs and any damage caused. It is always better — and ultimately cheaper — to comply with the Act from the outset.

A Schedule of Condition is a detailed photographic and written record of the existing state of the adjoining owner's property (particularly the parts most likely to be affected by the works) before works begin. It protects both the building owner and the adjoining owner: if damage occurs, the Schedule provides a clear before-and-after comparison. Without one, any pre-existing cracks or defects could unfairly be attributed to the new works.

Yes — many CIOB and RICS accredited surveyors offer both services. However, when acting as a party wall surveyor, they must act impartially and cannot simultaneously advise either party on matters outside the Act. If you need a building survey of the property as well as party wall services, these should be treated as separate instructions.

If the adjoining owner has dissented from the notice but refuses to appoint a surveyor within 10 days of being requested to do so, the building owner may appoint a surveyor on their behalf. The appointed surveyor is still required to act impartially despite being appointed by the building owner. You should seek professional advice before taking this step.