A party structure notice is the formal trigger under the Party Wall etc. Act 1996 when you plan works to an existing shared structure—for example a party wall, party fence wall (shared garden wall astride the boundary), or a party structure such as floors/ceilings between flats. Typical Section 2 works include cutting in for steel beams or padstones, inserting flashings/DPCs, removing a chimney breast/projections, raising/thickening/rebuilding, underpinning, or making good.
Serve this notice at least 2 months before you intend to start the relevant works. (By contrast, a Line of Junction notice and a Notice of Adjacent Excavation usually require 1 month.)
When a Party Structure Notice is Required (Section 2)
Issue a party structure notice if your proposals include any of the following on a shared structure or, in some instances, the neighbour’s independent wall that you need to work against:
- Cutting into a party wall/party structure (e.g., for steels, padstones, DPCs, flashings).
- Cutting away projections (e.g., chimney breast, nibs, corbels).
- Raising, thickening, demolishing and rebuilding, or making good a party wall/party fence wall.
- Underpinning or otherwise securing a party structure.
- Exposing a party wall/party structure with proper weathering.
If you’re unsure whether a specific detail falls within Section 2, assume it does until verified—serving correctly and early protects your programme.
Minimum Notice Periods and Validity
- Party structure notice (Section 2): serve ≥ 2 months before the proposed start date.
- Other notices for comparison:
- Line of Junction (Section 1): ≥ 1 month
- Adjacent Excavation (Section 6): ≥ 1 month
- Notices are generally valid for 12 months—plan your start date to avoid expiry.
Mandatory Contents of a Valid Party Structure Notice
To be compliant, include:
- Name and address of the building owner (the person proposing the works).
- Nature and particulars of the proposed works (plain-English description that a layperson can follow).
- Intended start date (respecting the statutory 2-month lead time).
Best practice additions that reduce friction:
- Date of notice.
- Full postal addresses of both properties (yours and the neighbour’s) and all relevant owners (freeholder and any leaseholder with >1-year term).
- A clear statement acknowledging the Section 2 basis of the notice.
- An advisory note: the neighbour has 14 days to respond and, if they don’t respond, a dispute is deemed to have arisen under the Act.
- Whether special foundations form part of the proposal.
- Contact details and whether the neighbour is willing to accept email service of further Act documents.
Important: For Section 2 notices, attaching drawings isn’t legally mandatory, but concise drawings/details often help a neighbour understand and consent more readily.
Example Structure (Plain-English)
(Use this as a template to draft your own letter—don’t copy verbatim. Keep it accurate, dated, and signed.)
Subject: Party Structure Notice under Section 2, Party Wall etc. Act 1996
I/We, [Your full name(s)] of [Your service address], as owner(s) of [Your property address], hereby give you notice under Section 2 of the Party Wall etc. Act 1996 of our intention to carry out the following works to the shared structure at [Neighbour’s property address]:
Proposed works: [clear description—e.g., “Cutting pockets into the party wall to insert steel beams and padstones to facilitate a loft conversion; local making good and associated flashings”].
These works do / do not include special foundations.
Proposed start date: [a date at least 2 months from the date of this notice or “not earlier than two months from the date of this notice (or earlier by written agreement).”]
For clarity, we enclose brief drawings/details to illustrate the scope (if applicable).
Please reply in writing within 14 days indicating whether you consent, dissent and wish to appoint an agreed surveyor, or dissent and wish to appoint your own surveyor.
If you are content to receive any further notices and documents by email, please confirm your email address.
Signed: [Signature(s)]
Dated: [Date]
What Happens After Service?
The neighbour has 14 days to respond:
- Consent in writing – the Act remains in play, and you may proceed without surveyor dispute-resolution.
- Dissent and appoint one agreed surveyor – a single impartial surveyor acts for both owners and issues a binding Party Wall Award.
- Dissent and appoint their own surveyor – two surveyors act and agree the Award (with a Third Surveyor selected at the outset).
- No reply – a dispute is deemed to have arisen; the surveyor route proceeds so the process cannot be stalled by silence.
Common Mistakes That Invalidate Notices
- Serving the wrong notice type (or missing a required notice).
- Not serving all “owners” (freeholder and any qualifying leaseholders).
- Vague or incomplete work descriptions.
- Omitting the intended start date or the Section 2 basis.
- Letting the 12-month validity expire before starting.
Transparent, Fixed Pricing (Simple Survey)
- 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 and number of notices/owners
- Two-surveyor route (we act for the building side): fixed-fee proposals from £325 for our side (the neighbour’s surveyor often bills hourly; we work to keep those costs reasonable and contained)
- Complex works (deep excavations, multi-owner blocks): we’ll still offer the fixed pricing above
- No surprises, no creeping extras. You’ll know the number before we start.
FAQs
Is a party structure notice the same as a party wall agreement?
No. The notice starts the legal process. If there’s a dissent (or no response), surveyor(s) will produce a Party Wall Award, which is the legally binding document regulating how works proceed.
Do I need drawings?
They’re not mandatory for Section 2, but they’re helpful and can encourage consent. (Section 6 excavation notices must include plans and sections.)
Can I email the notice?
Only if the neighbour has agreed in writing to accept service by email. Otherwise, serve by permitted methods (post/hand service) and keep proof.
What if my neighbour ignores the notice?
After 14 days, a dispute is deemed to have arisen and the surveyor route proceeds so your project isn’t blocked by silence.
Can my neighbour stop the works entirely?
The Act is work-enabling. Provided procedures are followed, and any Award is in place, you can typically proceed with reasonable conditions to protect the neighbour’s property.
How soon can I start after serving a party structure notice?
Not before the 2-month statutory period unless your neighbour agrees in writing to an earlier start (and any required Award is in place).
Get Your Party Structure Notice Right—First Time
A precise, compliant notice sets the tone for the whole project. We’ll prepare and serve your party structure notices same day, manage responses, and—if needed—deliver a swift, proportionate Award at the lowest total cost we can find in England & Wales.
Email: team@simplesurvey.co.uk
Simple Survey — Faster notices. Fewer headaches. Lower fees.