Party Wall Notices Explained
Before carrying out certain building works, you are legally required to serve a notice on your neighbours under the Party Wall etc. Act 1996.
A formal legal requirement, not a courtesy
A party wall notice is a written document that must be served on neighbouring property owners before you begin building works that fall within the scope of the Party Wall etc. Act 1996. It is not a courtesy - it is a legal obligation. Serving the wrong type of notice, serving it too late, or not serving one at all can all create problems for your project.
The notice sets out what works you plan to carry out and gives your neighbour the opportunity to consent or to appoint a surveyor to protect their interests. The type of notice required depends on the nature of the works.
Three types of notice under the Act
Party Structure Notice
For works directly on an existing party wall or party fence wall. This covers loft conversions, extensions built against a party wall, underpinning, raising, and the removal of chimney breasts. This is the most common notice type for residential works.
Line of Junction Notice
For building a new wall on or at the boundary line between two properties. If you intend to build astride the boundary (on both sides of the line), your neighbour's written consent is required. If they do not consent, the wall must be built entirely within your own land.
Excavation Notice
For excavation within 3 metres of a neighbouring structure where you will be digging to a depth lower than the neighbour's foundations, or within 6 metres where digging below a 45-degree line drawn from the base of their foundations. Common with basement works.
What happens after the notice is served
Check the notice and response period
For a party structure or excavation notice, absence of written consent within 14 days triggers the Act's dispute procedure. New-wall notices under section 1 have different consequences, so first check which notice you have received. Respond promptly and keep the notice and delivery records.
If they consent, works can proceed
Written consent can avoid the need for an award where no dispute arises. Consent does not remove rights under the Act, and an optional schedule of condition can still be useful. Before starting the relevant works, check that the statutory notice period has expired or an earlier start has been agreed, and comply with the award and other required permissions.
If they dissent, surveyors must be appointed
Where a dispute arises under the Act, the owners appoint one agreed surveyor jointly or each appoints a surveyor. Section 10(4) provides for an appointment on behalf of an owner who refuses to appoint, or neglects to appoint for ten days after a written request. We check the applicable notice and appointment route before proceeding.
The surveyors prepare a party wall award
The appointed surveyor or surveyors produce a party wall award - a legally binding document that governs how the works must be carried out. Before starting the relevant works, check that the statutory notice period has expired or an earlier start has been agreed, and comply with the award and other required permissions.
Mistakes that cause delays
- Serving the wrong type of notice for the works being carried out
- Serving the notice too close to the intended start date of works
- Not serving a notice at all, which exposes you to an injunction stopping the works
- Failing to identify and serve all neighbouring properties that are affected
- Serving a section 6 excavation notice without the plans and sections the Act requires
Need help serving the right notice?
We prepare and serve all three types of notice. Get in touch to discuss your project.