Yes. If your works fall within the Party Wall etc. Act 1996, you have a statutory duty to serve a written Party Wall Notice on every affected neighbour (the Adjoining Owner) before you start. Failing to do so risks court action (injunctions), delay, and additional cost.
What types of work trigger the Act?
The Act groups notifiable works into three main categories:
1) Section 1 — New walls at the boundary (line of junction)
- Building a new wall up to the boundary or astride it (creating a party wall).
- Minimum notice period: 1 month before works may start.
2) Section 2 — Works to existing party structures
- Direct works to a party wall, party fence wall (garden wall), or party structure (e.g., floor/ceiling between flats).
- Common examples: inserting steels for a loft conversion, chimney breast removal, damp-proof courses, repairs/rebuilds to a shared garden wall, installing flashings, raising/underpinning a party wall.
- Minimum notice period: 2 months before works may start.
3) Section 6 — Adjacent excavation
- Excavating for new foundations within 3 m of a neighbouring structure to a deeper level than its foundations; or within 6 m where deep foundations (e.g., piles) invoke the 45° rule.
- Typical triggers: basements, deep pads, retaining walls, sites with significant trees or piled solutions.
- Minimum notice period: 1 month before works may start.
- Note: Section 6 notices must include a plan and section showing excavation depth and any underpinning/special foundations.
What if you don’t serve a Party Wall Notice?
The Act doesn’t set a direct fine for failing to serve notice, but your neighbour can apply to the County Court for an interim injunction to stop the works until you comply. If the court grants the injunction and you ignore it, you risk contempt of court (fines and other sanctions).
Injunction applications can be expensive (often £5,000–£20,000+ when you factor in solicitors, counsel, surveyors, and court fees), and the court can order you to pay the Adjoining Owner’s reasonable costs if they succeed.
Practical tips for building owners
- Serve valid notices early (and keep proof of service).
- Include drawings—mandatory for Section 6; good practice for all notices.
- Talk to neighbours first: explaining the works and timings reduces dissent and delays.
- Budget realistically for surveyor input—even if you’re aiming for consent.
- Provide full structural info promptly (calcs, method statements); it speeds the process and can reduce conditions and cost.
Want compliant notices without the hassle (and at the lowest cost)?
Email team@simplesurvey.co.uk. Simple Survey are the lowest-cost party wall surveyors across England & Wales. We’ll confirm what’s notifiable, draft and serve valid notices, and guide you to a smooth, lawful start—saving time, money, and neighbourly goodwill.