Kicking off party wall procedures starts with one thing: valid notices. If your works fall under the Party Wall etc. Act 1996, serving the right notice, to the right owners, at the right time isn’t optional—it’s your legal duty. Do this well, and the rest of the process runs smoothly. Get it wrong, and you risk delays, injunctions, and spiralling costs.
Below is a clear, plain-English guide to Stage One so you can start correctly and keep momentum.
When you must serve notices
You need to serve Party Wall Notice(s) if your plans include any of the following:
- Works to a shared structure (Section 2): cutting in for steels/DPCs/flashings; removing projections (e.g., chimney breast on the line); underpinning; thickening; raising or rebuilding a party wall/party fence wall; repairing a party structure.
- New wall at or astride the boundary (Section 1): building a new wall up to the line of junction (on your land), or proposing to build astride the boundary (requires written consent).
- Excavations close to neighbours (Section 6): digging within 3 metres and deeper than neighbouring foundations, or within 6 metres where your dig intersects a 45° line projected from the base of neighbouring foundations.
If any of the above applies, the Act is engaged and notices are required before you start.
Notice lead times & validity
- Section 2 (party structures): serve at least 2 months before starting.
- Sections 1 & 6 (boundary walls & excavations): serve at least 1 month before starting.
- Notices are typically valid for 12 months—plan your programme so you don’t run out of time.
What a valid notice includes
To be valid, each notice must clearly set out:
- Building owner name and service address
- Adjoining owner name(s) and address(es) (serve all relevant “owners” under the Act)
- Which section(s) of the Act your work relies on
- Nature and particulars of the works (plain-English description is fine)
- Proposed start date (respecting the statutory lead time)
- For Section 6 excavations, include plans and sections showing position/depth
Tip: Serve notices on every qualifying owner (freeholder and any leaseholder with >1-year term). Where an address isn’t known, use permitted service methods under the Act.
How neighbours can respond (within 14 days)
Once served, each adjoining owner has three formal options:
- Consent in writing
They’re happy for you to proceed under the Act without dispute resolution. - Dissent and appoint one Agreed Surveyor
One impartial surveyor acts for both owners and issues a binding Party Wall Award. - Dissent and appoint their own surveyor
Each side appoints a surveyor; the two surveyors agree the Award (with a Third Surveyor selected in reserve).
No reply within 14 days? A dispute is deemed to have arisen and the surveyor route proceeds so the project isn’t blocked by silence.
Why notices matter
- They invoke the Act, unlocking your legal rights to carry out notifiable works.
- They give neighbours clear, formal information and a route to respond.
- They keep your programme protected—valid notices avoid injunction risk and last-minute stoppages.
- They keep costs predictable—well-served notices are the best defence against avoidable delay and escalation.
Common pitfalls to avoid
- Serving the wrong notice type (or missing one)
- Wrong addressee(s) – failing to serve all qualifying owners
- Missing Section 6 drawings (makes the notice invalid)
- Overly vague work descriptions
- Letting notice validity expire before starting
If you’re unsure, get a professional to prepare and serve notices correctly the first time.
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
Do I need planning permission before I serve notices?
No. Planning and the Party Wall Act are separate. You can run them in parallel, but both must be satisfied before works start.
How early should I serve?
As early as is practical once your scope is clear. Follow the 1–2 month minimums and don’t serve so early that your notice expires before you begin.
What if my neighbour rents?
Serve the owner(s) under the Act—often the freeholder and any leaseholder with >1-year term. We’ll help identify all qualifying owners.
My neighbour isn’t replying—now what?
After 14 days, a deemed dispute arises. The surveyor route begins, and the process continues so your project isn’t stuck.
Can my neighbour stop the works entirely?
Not usually. The Act is work-enabling—it balances your right to build with protections for your neighbour. Provided procedures are followed and any Award is in place, you can typically proceed.
What happens if I don’t serve notices?
You risk an injunction, programme slippage, and liability for costs. Notices are the cheapest insurance you’ll buy on your project.
Get Stage One done—fast and correctly
Start on the front foot with compliant notices, clean paperwork, and a clear route to a swift Award if needed. We’ll prepare and serve your notices today and keep your programme moving at the lowest total cost.
Email: team@simplesurvey.co.uk
Simple Survey — Faster notices. Fewer headaches. Lower fees.