Understanding Party Wall Matters: Why Early Advice Protects You, Your Property and Your Neighbours

What homeowners should know before starting building works in 2026

When planning building work an extension, loft conversion, basement excavation or even the removal of a chimney breast many homeowners focus on design, planning permission and budgets. Yet one of the most important steps is often overlooked: understanding your obligations under the Party Wall etc. Act 1996.

At Sussex Surveyors LLP, we see time and again that early awareness of the Act prevents delays, disputes and unexpected costs. But more importantly, it helps maintain good relationships between neighbours at a time when tensions can easily rise.

What is the Party Wall Act and when does it apply?

The Party Wall etc. Act 1996 sets out the legal framework for preventing and resolving disputes relating to building works close to neighbouring properties. It applies more widely than many people realise.

You may need to serve Party Wall notices if you plan to:

• Build an extension

• Carry out a loft conversion

• Undertake a basement conversion or excavation

• Remove a chimney breast

• Cut into, raise or thicken a party wall

• Dig foundations within 3 metres of a neighbour’s structure

• In some cases, excavate within 6 metres of a neighbour’s property

Even detached properties can fall under the Act if the proposed works involve excavation close to the boundary.

Many homeowners only discover this requirement when their contractor mentions it late in the process, or worse, when a neighbour raises an objection.

The purpose of the Act: clarity, not complication

A common misconception is that the Party Wall Act exists to block homeowners from carrying out improvements. In reality, the opposite is true.

The Act gives building owners clear, lawful rights to carry out work that might otherwise be challenged. It puts a protective structure around the process so both parties understand what is happening and why.

Importantly:

• It does not prevent works

• It does not require a neighbour’s “permission” to build

• It does require notices to be served within set timescales

• It does protect the interests of both sides through an impartial surveying process

Handled correctly, the Act provides certainty, not barriers.

Why early involvement of a surveyor matters

Understanding whether your proposed works fall under the Act isn’t always straightforward. The timing and content of notices also follow strict legal rules. Getting this wrong can lead to:

• Delays to your project

• Increased costs

• Formal disputes between neighbours

• Issues with contractors or insurance

• Legal risk if neighbours claim damage

A professional surveyor acts as a guide, ensuring compliance while helping maintain positive communication between both households.

At Sussex Surveyors LLP, we have extensive experience managing Party Wall matters, acting for both building owners and adjoining owners. Early engagement often prevents problems from developing and can speed up the progress of a construction project significantly.

Tony Pearson, Managing Partner, at Sussex Surveyors LLP said:

“The Party Wall Act isn’t there to make building work difficult; it’s there to make the process fair, transparent and structured for everyone involved. When homeowners speak to us early, we can usually prevent issues long before they arise.”

Why this matters in 2025

With more homeowners adapting their properties, whether to increase space, improve energy efficiency or add value, the volume of works captured by the Act is growing. At the same time, property boundaries in many areas are tighter, and construction techniques more disruptive.

This means Party Wall matters are no longer a niche concern; they are a standard part of modern property development.

For homeowners, understanding the Act early is the best way to:

• Keep projects running smoothly

• Avoid conflict

• Protect their property

• Maintain good neighbourly relationships

• Ensure legal compliance

Need guidance on whether the Act applies to your project?

Whether you’re planning works or responding to a notice received from a neighbour, Sussex Surveyors LLP can help you navigate the process clearly and calmly.

Our team offers advice on:

• Serving valid Party Wall notices

• Responding to notices you receive

• Acting as Building Owner’s Surveyor or Adjoining Owner’s Surveyor

• Preparing Schedules of Condition

• Agreeing Party Wall Awards

• Managing the entire process from start to finish

For more information regarding Party Wall and Sussex Surveyors LLP’s services, please visit our website.