Introduction
If your project affects a shared wall, boundary, or involves excavations near a neighbour’s foundations, the Party Wall etc. Act 1996 likely applies. Serving a valid Party Wall Notice early helps prevent costly delays.
When Is a Party Wall Notice Required?
You usually need to serve notice for:
• Work on an existing party wall/structure (e.g., cutting in beams, raising, thickening)
• Building a wall up to or astride the boundary line
• Excavations within 3m (or 6m in specific cases) of a neighbour’s structure, depending on depth
How to Serve a Valid Notice
1) Identify the correct adjoining owners (including freeholders/leaseholders where applicable).
2) Set out the proposed works with drawings, start dates, and access requirements.
3) Use the correct notice type(s): Section 1, Section 3, or Section 6 depending on works.
4) Serve with sufficient lead time: one or two months depending on the works category.
5) Keep records and proof of service.
Timelines and Responses
Adjoining owners have 14 days to consent or dissent. No reply is treated as dissent. If they dissent, surveyors are appointed to agree a Party Wall Award setting out the works, protections, and access.
Common Mistakes to Avoid
• Serving the wrong notice type • Incomplete owner identification • Missing drawings • Insufficient lead time • Proceeding without an Award after dissent
Schedule of Condition (Highly Recommended)
A photographic and descriptive record of the neighbour’s property condition taken before works begin. It protects both sides and reduces dispute risk.
FAQs
Can I serve the notice myself?
Yes, but errors are common. Using a Party Wall Surveyor reduces the risk of invalid notices and delays.
Who pays the surveyors’ fees?
Typically the building owner (the party doing the works) pays reasonable fees.
What if my neighbour ignores the notice?
After 14 days with no response, dissent is assumed and a surveyor procedure begins to agree a Party Wall Award.
Can works start before the Award?
No. Starting before an Award following a dissent can expose you to injunctions and claims.
