If your planned works fall within the Party Wall etc. Act 1996, you have a legal duty to serve a written Party Wall Notice on every affected neighbour (the Adjoining Owner). The notice tells them what you intend to do and starts the formal process that protects both properties.
When is a Party Wall Notice required?
Serve notice before you begin any notifiable works, typically including:
- Section 1 – Building a new wall at or astride the boundary (line of junction).
- Section 2 – Works to a party structure (e.g., cutting in for steels, chimney breast removal, raising/underpinning, inserting flashings, demolishing/rebuilding a party fence wall).
- Section 6 – Excavations for new foundations within 3 m (deeper than your neighbour’s footings) or within 6 m where the 45° rule applies (e.g., piling).
What makes a Notice valid?
Your notice should clearly include:
- The correct section(s) of the Act the works fall under.
- Full details of the Building Owner and Adjoining Owner(s) (name(s) and correspondence addresses).
- A clear description of the notifiable works (what under the Act you’ll do).
- The intended start date, compliant with the statutory lead-in (see below).
- Drawings where required—for Section 6, include a plan and section showing excavation/foundation depths and any underpinning/special foundations.
Minimum lead-in periods
- Section 2 (party structure works): 2 months before works can start.
- Sections 1 & 6 (line of junction / excavations): 1 month before works can start.
Even with consent, you cannot start until the relevant lead-in has elapsed.
How can the Adjoining Owner respond?
They have 14 days from receipt of the notice to reply in writing:
- Consent (Green light)
The Act’s procedures pause (no Award needed). Your duty to avoid unnecessary inconvenience and make good/compensate for damage still applies. - Dissent & Agreed Surveyor (Amber)
Both owners jointly appoint one impartial surveyor to produce a Party Wall Award setting out what may be done, how/when (time & manner), access protocols, protections, and damage procedures. - Dissent & separate surveyors (Red)
Each owner appoints their own surveyor; those two select a Third Surveyor as a back-stop. The Award is agreed (or determined) and then served.
If there is no reply
- After 14 days with no response, you issue a 10-day request under s.10(4) asking the neighbour to appoint a surveyor.
- If there’s still no reply, you may appoint a separate surveyor on their behalf (not your own surveyor) so the Award can be made and served.
Keep evidence of service and timings. A s.10(4) appointment does not waive the original notice lead-in.
Who pays the fees?
In most residential cases, the Building Owner pays the reasonable costs of the Act’s procedures: their own surveyor and, if appointed, the Adjoining Owner’s surveyor.
Good-neighbour best practice
- Talk early: show drawings, explain the programme, and answer questions.
- Serve valid notices in good time—don’t rush the lead-in.
Want watertight notices and a proportionate Award—without overspending?
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, issue a clear, fair Award so your build stays compliant and on programme.