If you’re planning works that touch a boundary, affect a shared structure, or involve deeper-than-usual foundations, there’s a good chance your project is notifiable under the Party Wall etc. Act 1996. Serving the correct notices—early, clearly and to the right owners—keeps you compliant, protects relationships, and prevents costly delays once the builder is on site.
Below is a plain-English overview of what counts as notifiable work, how to serve a valid notice, what responses you might receive, and how costs typically fall.
What types of work are notifiable?
Your works are likely to fall within the Act if you’re:
- Building up to or astride the boundary (line of junction)
e.g., a new flank wall for a rear or side extension. - Working on a shared structure
e.g., altering or affecting a party wall or party fence wall (shared garden wall), or a party structure (floor/ceiling between flats). - Excavating near a neighbouring structure
Within 3 metres (and deeper than their foundations), or within 6 metres for deeper works such as piles.
If any of the above apply, you must follow the Act’s notice-and-response process before starting.
What makes a valid Party Wall Notice?
A compliant notice is a legal document. To avoid invalidation, make sure it:
- Is addressed to the legal owner(s) of each affected property (freeholders and any long-leaseholders where relevant).
- Identifies your property (the one doing the works) and the adjoining property correctly.
- Describes the notifiable works and cites the relevant sections of the Act (typically Section 1, 2 and/or 6).
- States an intended start date that respects the minimum notice periods (usually 1 month for Sections 1 & 6; 2 months for Section 2).
- Includes the required drawings where necessary (for example, plans/sections are mandatory for adjacent excavation under Section 6).
- Is served correctly (post, by hand, or email where electronic service has been agreed).
Small errors (wrong owners, missing details, the wrong timing) can render a notice invalid and force you to restart the clock—so it pays to get this right.
How can neighbours respond?
Once served, the adjoining owner has three routes:
- Consent (in writing)
The works can proceed under the Act without further formalities. (You still must follow any other legal requirements such as planning/building control and respect the Act’s general duties.) - Dissent and appoint an independent surveyor
This triggers the Act’s dispute-resolution process and leads to a Party Wall Award agreed by surveyor(s). - Dissent and agree to a single ‘Agreed Surveyor’
One impartial surveyor acts for both owners to produce the Award.
If there’s no response within 14 days, a dispute is deemed to have arisen. A further 10-day request to appoint must be issued; if silence continues, a surveyor may be appointed on the neighbour’s behalf under Section 10(4) so the process can continue.
What is a Party Wall Award?
An Award is a legally binding document produced by the appointed surveyor(s). It typically:
- Confirms what works are authorised under the Act.
- Sets reasonable conditions around timing and method to minimise unnecessary inconvenience.
- Addresses access arrangements under Section 8 where required.
- Can include Security for Expenses (Section 12) where appropriate.
- Allocates cost responsibility in line with the Act.
Once served, the Award allows the notified works to proceed under its terms. There is a 14-day appeal window to the County Court on points of law.
Who pays the costs?
As a rule of thumb, the person carrying out the notifiable works pays the reasonable costs of administering the Act. That commonly includes:
- Preparing and serving valid notices.
- Surveyor fees (their own, and—if there’s a dissent—typically the neighbour’s surveyor too).
- Reasonable legal or specialist input where justified.
This is because the works benefit the building doing the project, and the Act exists to protect those potentially affected.
Practical tips that keep things smooth
- Talk early. A friendly explanation and a simple summary of the drawings go a long way. Surprises breed dissent.
- Serve correctly. Double-check ownerships (Land Registry), include the right attachments, and respect statutory timelines.
- Choose proportionate help. Many owners save time and risk by asking a specialist to handle notices and responses from day one.
- Keep momentum. Prompt responses and clear documentation reduce misunderstandings and prevent later escalation.
FAQs
Do I still need to serve a notice if I “own my land”?
If your works meet any of the Act’s triggers (boundary wall, party structure, adjacent excavation), yes—even when building entirely on your side.
Does consent remove my neighbour’s rights?
No. Consent simply avoids the formal dispute-resolution stage. General duties and legal remedies still exist if things go wrong.
Can I email the notice?
Only if the recipient has confirmed they’re willing to receive documents electronically. Otherwise, use post or hand delivery.
What if my neighbour ignores the notice?
The Act anticipates non-response: after the 14-day window and a further 10-day request, a surveyor can be appointed on their behalf so the process can proceed.
Is planning permission the same thing?
No. Planning/building control is separate. The Party Wall Act is a distinct statutory process with its own notices and time limits.
Keep your project compliant—and on track
Simple Survey prepares and serves fully compliant notices, manages responses, and delivers clear, enforceable Awards—all on transparent fixed fees that keep your budget under control.
Need help now? Email team@simplesurvey.co.uk and we’ll set out the next steps and a fixed price before we begin.