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JLS Building & Property Development

Extensions · · 2 min read

The Party Wall Act explained: what to do before you build an extension

By JLS Building & Property Development

Aerial view of the rear of a terraced house showing the garden and neighbouring boundaries

Getting planning permission or building regulations approval does not remove the need to deal with your neighbours under the Party Wall etc. Act 1996. It is a separate law that applies in England and Wales, and it is one of the things most often missed at the start of an extension.

When it applies

The Act covers work to a wall you share with a neighbour, building on or at the boundary, and digging close to a neighbour's building. On a typical semi-detached or terraced house, a rear or side extension often triggers at least one of these.

The three types of notice

  • Party structure notice: for work to a shared wall, such as cutting into it or raising it. Typically two months' notice.
  • Notice of line of junction: for building a new wall on or astride the boundary. Typically one month's notice.
  • Adjacent excavation notice: for excavating near a neighbour's building below the level of their foundations, within certain distances. Typically one month's notice.

What happens after you serve notice

Your neighbour has 14 days to respond. If they consent in writing, you can proceed. If they dissent, or do not reply, a dispute is treated as having arisen and surveyors are appointed to agree a party wall award that sets out how the work will be done and records the condition of the neighbouring property. As the building owner you would normally pay the reasonable costs of the surveyors involved.

The award is not a way for a neighbour to stop lawful work. It is a process for protecting both properties while it is carried out. Read the government's party wall guidance for the details.

How we handle it

We raise the Party Wall Act at the design stage and can advise on when notice is needed, so it is served well before the start date. See our extensions page for how we run a project from groundworks to completion, or talk to us before you finalise a design.

About the author

Written by JLS Building & Property Development Ltd, a family-run building contractor covering Bedfordshire, Cambridgeshire, Hertfordshire and Buckinghamshire. FMB member and SafeContractor approved. More about us. This guide is general information, not professional or legal advice for your specific project.

Questions

Frequently asked questions

Is the Party Wall Act the same as planning permission?+

No. Planning permission and building regulations approval are separate from the Party Wall etc. Act 1996, and you may need all three for the same extension.

Can my neighbour stop my extension under the Party Wall Act?+

No. The Act does not give a neighbour the right to veto lawful work. It sets out a process, and if there is a dispute, surveyors agree how the work is carried out and protect both properties.

Who pays for the surveyors?+

Usually the building owner pays the reasonable costs of the surveyors, including the neighbour's. The award can set out how costs are dealt with.

Get in touch

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Tell us about your project and we'll come back to you to discuss it in more detail.

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