Expert legal advice on party wall disputes under the Party Wall etc. Act 1996 — challenging party wall awards, emergency injunctions, damage claims, and acting for building owners and adjoining owners.
The Party Wall etc. Act 1996 governs work on walls shared with, or near to, neighbouring properties. It applies to a wide range of common construction works — from loft conversions and extensions to basement excavations and chimney removals. The Act creates a framework for resolving disputes and requires building owners to give formal notice to their neighbours before carrying out notifiable works. Where disputes arise — about the award, the proposed works, or damage caused — our specialist solicitors provide urgent, effective legal advice.
Party Wall Surveyors vs Solicitors. The Party Wall Act has its own regime of party wall surveyors who deal with most disputes within the Act's framework. Solicitors become essential when: a party wall award needs to be challenged in court; works are being carried out unlawfully without notice; damage has been caused and the parties cannot agree on compensation; or injunctive relief is needed urgently.
What Is a Party Wall?
The Act covers three types of structure:
Party walls — walls that stand astride the boundary between two properties (most common), or walls that form part of one building only but stand on the boundary
Party fence walls — walls (not forming part of a building) that stand astride the boundary — typically garden walls
Party structures — any floor or ceiling that separates vertically divided parts of a building (relevant in flats)
When Does the Party Wall Act Apply?
Section 1 — New Wall on the Line of Junction
Where a building owner wishes to build a new wall on the boundary or astride it, they must serve notice. The adjoining owner can consent, object, or require the wall to be built entirely on the building owner's land.
Section 2 — Works to an Existing Party Wall
The most common situation. Section 2 gives the building owner the right (with notice) to carry out works including:
Underpinning, thickening or raising the party wall
Demolishing and rebuilding the party wall
Cutting into the party wall to insert beams, flashing or damp proof courses
Cutting away projections from the party wall
Weather-proofing where a party wall is exposed by demolition of an adjoining building
Section 6 — Excavations Near Neighbouring Buildings
Notice is required before excavating within 3 metres of a neighbouring building (if the excavation will go deeper than the neighbour's foundations) or within 6 metres (under a 45-degree line from the base of the neighbour's foundations). This section is particularly relevant for basement conversions and extensions.
The Party Wall Award
Where an adjoining owner does not consent to notified works, the parties must each appoint a party wall surveyor (or agree to appoint a single "agreed surveyor"). The surveyors prepare a party wall award — a formal document that:
Permits or refuses the proposed works
Sets out the manner and time at which the works are to be carried out
Records the condition of the adjoining owner's property before works commence (a "schedule of condition")
Provides for access and makes any other necessary provisions
The award is binding on both parties and can be appealed to the County Court within 14 days of service. Our solicitors advise on whether to appeal and represent parties in County Court appeals.
Common Party Wall Disputes
Works Without Notice
Where a building owner carries out notifiable works without serving a party wall notice, the adjoining owner can seek an injunction to stop the works immediately. This is a serious breach — carrying out works without notice is an actionable nuisance.
Challenging the Award
A party wall award can be appealed to the County Court within 14 days of service. Grounds include: the surveyors exceeded their jurisdiction, the award is deficient or unclear, or the award was made improperly. Time limits are strict.
Damage Claims
Where party wall works cause damage to the adjoining owner's property — cracking, subsidence, water ingress or structural damage — the building owner is liable to make good the damage. The schedule of condition (agreed before works) is crucial evidence.
Emergency Injunctions
Where works are ongoing and causing urgent risk to a neighbouring property — particularly deep excavations threatening foundations — we can obtain emergency injunctions within 24–48 hours to halt the works pending resolution.
Access Disputes
Section 8 of the Act gives building owners the right of access to the adjoining owner's land to carry out party wall works. Disputes arise about the extent of access, the hours during which it can be exercised, and compensation for inconvenience.
Costs Disputes
The building owner usually pays the costs of the party wall surveyors and the works. Disputes arise about who pays for additional works required by the award and whether costs claimed are reasonable. Our solicitors advise on costs allocation.
Advice for Building Owners
If you are planning works that engage the Party Wall Act, our solicitors advise on:
Whether your proposed works require party wall notices
The correct form, content and service of party wall notices
Appointing a party wall surveyor and managing the award process
Your rights of access under section 8 of the Act
Limiting your liability for damage to neighbouring properties
What to do if your neighbour refuses to engage with the process or appoints an obstructive surveyor
Advice for Adjoining Owners
If you have received a party wall notice or your neighbour is carrying out works affecting a shared wall, our solicitors advise on:
Whether to consent or dissent from the notice — and the implications of each
Appointing a party wall surveyor to protect your interests
Ensuring a proper schedule of condition is prepared before works start
Your right to compensation for any damage caused
Challenging an award you consider unfair or unlawful
Obtaining an injunction if works are being carried out without notice or in breach of an award
Frequently Asked Questions
If your neighbour is carrying out notifiable party wall works without having served a valid notice, this is a breach of the Party Wall Act and constitutes an actionable nuisance. You can apply to the court for an injunction to stop the works immediately. Courts have consistently granted injunctions in these circumstances — particularly where excavations or structural works are ongoing and pose a risk to your property. You should take legal advice immediately and not wait until the works are completed. Our solicitors can act urgently, including making emergency applications where necessary.
Under section 7(2) of the Party Wall Act, the building owner is liable to make good all damage to the adjoining owner's property caused by the notified works. The schedule of condition (which should have been agreed and recorded before works commenced) is crucial in establishing what damage existed before the works and what has been caused by them. If the building owner disputes that their works caused the damage, expert engineering evidence may be required. Our solicitors advise on making a damage claim and, where the building owner refuses to make good the damage, pursuing the claim through the courts.
You cannot prevent your neighbour from carrying out lawful works authorised by planning permission simply because they are inconvenient. However, under section 6 of the Party Wall Act, deep excavations near your property require notice and a party wall award before works can commence. The award must include a proper schedule of condition of your property, provisions for underpinning your foundations if required, and safeguards for the protection of your property during works. You can dissent from the notice, appoint your own party wall surveyor, and ensure the award contains adequate protections before works start. If works proceed without notice, you can seek an injunction.