If your architect, contractor, or planning officer has said you need to serve a Party Wall Notice, take a breath. This is a routine legal step under the Party Wall etc. Act 1996 that lets your neighbours know about works that could affect a shared wall, boundary, or nearby foundations—and gives everyone a clear, fair process to follow. Below is a practical, no-drama guide that gets you from “Do I really need this?” to “Notices served correctly and on time.”
1) First principles: when the Act applies
You must serve a Party Wall Notice before starting notifiable works. The three most common triggers are:
- Section 1 – New walls on/at the boundary
Building up to or astride the boundary line (line of junction). - Section 2 – Works to a party wall/party structure/party fence wall
Examples: cutting in steel beams, removing a chimney breast, raising/rebuilding or underpinning a shared wall, adding DPCs, trimming projections. - Section 6 – Adjacent excavation
Excavating within 3 metres (and deeper than your neighbour’s foundations), or within 6 metres where your dig cuts a 45° line from their foundation base (often relevant to deeper/new foundations, basements, piled work).
Planning permission and Building Regulations are separate. Even if you have both, you still need to comply with the Party Wall Act when works are notifiable.
2) Timing: serve early enough (but not too early)
Minimum notice periods (counted back from your intended start date):
- 1 month for Section 1 (new wall at boundary)
- 1 month for Section 6 (adjacent excavation)
- 2 months for Section 2 (works to a party structure/wall/fence wall)
A notice is usually valid for 12 months from service. Don’t serve so early that it expires before you’re ready to begin.
3) Who you must notify (get this right)
You must serve notice on every “Owner” affected, which can include:
- The freeholder
- Any leaseholder with more than one year unexpired
- Landlords where relevant (e.g., flats above/below)
- Sometimes multiple parties for the same address
If in doubt, check Land Registry and speak to occupiers. Miss an Owner and your notice process may be invalid.
4) What each notice must include (and when drawings are essential)
Every valid notice needs:
- Your name and address (the Building Owner)
- The address of the works (if different)
- The nature and particulars of the proposed works (clear, layperson-friendly)
- The intended start date (respecting the 1–2 month minimum)
- A clear reference to the relevant section(s) of the Act
Section 6 (excavation) also requires plans and sections that show distances and depths relative to neighbouring foundations. Include any other drawings that aid clarity (even when not strictly mandatory)—clarity reduces disputes.
Service methods: post or hand delivery are standard; email only if the neighbour has agreed in writing to receive notices that way and provided the address to use.
5) After service: neighbour response timeline
Your neighbour has 14 days to respond in writing:
- Consent (works can proceed under the Act without the dispute route), or
- Dissent and appoint an Agreed Surveyor (one impartial surveyor for both), or
- Dissent and appoint their own surveyor (you’ll appoint yours; the two agree the Award)
No response? You must serve a further 10-day request (often called a Section 10(4) letter). If there’s still no reply, a dispute is deemed to have arisen and you can appoint a surveyor on their behalf so the process can continue.
6) What happens if there’s dissent?
Dissent is not hostility; it simply means “let’s use the Act’s formal protections.” The appointed surveyor(s) will administer the Act and agree a Party Wall Award that governs what can be done and how—so your works can proceed safely and with minimal friction. (You’ll typically be responsible for reasonable Act costs.)
7) Common invalid-notice mistakes (and how to avoid them)
- Wrong or missing Owners (e.g., forgot a long leaseholder)
- No works description or an overly vague one (“general renovation”)
- Missing start date or not allowing the minimum period
- Serving by email without prior written consent
- Section 6 without excavation plans/sections
- Serving the wrong form (e.g., using a Section 1 notice for a Section 2 job)
If a notice is invalid, it can be challenged, and your programme may slip. Better to get it right first time.
8) Good neighbour strategy (pays for itself)
- Talk first: a brief, friendly chat and a simple overview drawing do wonders.
- Keep it simple: clear, plain-English descriptions in notices.
- Offer contact details: one point of contact avoids confusion.
- Propose practicalities: typical working hours, sensible sequencing, considerate site management.
- Be responsive: prompt answers build trust and speed agreement.
9) Flats, freeholds and multi-owner scenarios
Works in or near blocks/multi-unit buildings often mean several notices (freeholder plus qualifying leaseholders). Inside flats, remember that floors/ceilings between units can be party structures (Section 2). If you’re unsure, ask a specialist to map the ownership profile before serving.
10) What if you don’t serve a notice?
Risky—and unnecessary. Neighbours can seek an injunction to stop the works and you may face costs, delay, and damages for any loss or harm. The Act is a work-enabling framework: use it correctly and your project can proceed with far less risk.
FAQs
Do I always need architectural drawings?
For Section 6 excavation notices, yes (plans/sections are required). For other notices, drawings aren’t mandatory but helpful and reduce queries.
Can my neighbour force me to use their surveyor?
No. You can appoint your own. Alternatively, both sides can agree to one impartial surveyor (often quicker and cheaper).
Does planning approval mean I can skip Party Wall?
No. They’re separate. You must still comply with the Act where works are notifiable.
How long does this take?
Legally, 1–2 months’ notice period plus time (if dissent) for an Award to be agreed. Start early to avoid programme pressure.
Who pays?
Normally, the person doing the works pays the reasonable costs of administering the Act (including your neighbour’s surveyor if they dissent).
Our transparent, fixed pricing (so you stay in control)
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted)
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee, depending on complexity/number of owners
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side
- Complex works (deep digs, piled foundations, multi-owner blocks): we’ll still offer fixed pricing
- No surprises, no creeping extras—you’ll know the number before we start
Want your notices served correctly—today?
We’ll map the correct recipients, draft valid notices, and serve them properly—keeping your neighbours informed and your programme safe.
Email: team@simplesurvey.co.uk
Simple Survey—fast, compliant, fixed-fee Party Wall support that keeps your project moving.