If you’re planning building works in England or Wales, the Party Wall etc. Act 1996 may require you to serve formal notices on your neighbour(s) before you start. Here’s a clear, no-nonsense guide to the three main categories of notifiable work and the notice periods that apply.
Section 1 — New Walls at the Line of Junction (Boundary)
If you intend to build a new wall on the boundary line (either up to it or astride it, subject to consent), you must serve a Section 1 notice on the neighbouring owner.
- Minimum notice period: 1 month before the proposed start date.
- Typical examples: new flank wall for an extension positioned at the boundary; new garden wall straddling the boundary (requires the neighbour’s written agreement).
Section 2 — Works to Existing Party Structures
Section 2 covers a wide spectrum of work to or affecting a shared structure, including party walls, party structures (e.g., floors/ceilings between flats) and party fence walls (shared garden walls astride the boundary).
Common Section 2 activities include:
- Raising the height of a party wall (e.g., for a loft conversion)
- Underpinning a shared structure
- Structural repair, demolition and rebuilding of a party wall
- Cutting into a party structure (e.g., to insert a damp-proof course)
- Inserting flashings where you build against a neighbour’s wall
- Removing a chimney breast or flue attached to a party wall
- Minimum notice period: 2 months before the proposed start date.
Section 6 — Adjacent Excavation & Construction
Excavation near a neighbouring building or structure is also notifiable in two main scenarios:
- Within 3 metres of a neighbouring building/structure and deeper than the neighbour’s foundations.
- Within 6 metres where any part of the excavation would intersect a line drawn at 45° downwards from the underside of the neighbour’s foundations (the “45-degree rule”).
- Minimum notice period: 1 month before the proposed start date.
- Typical examples: new strip or trench foundations for an extension, piled foundations, deep drainage runs, basement-related excavations.
After You Serve a Party Wall Notice: What to Expect
The neighbouring owner has 14 days to reply in writing:
- Consent: They agree in writing and you can proceed (subject to any other consents your project needs).
- Dissent: A dispute arises under the Act and one or more party wall surveyors must be appointed to resolve it and issue a binding Party Wall Award.
- No response: After 14 days, a dispute is deemed to have arisen, and a surveyor can be appointed on the neighbour’s behalf so the process can continue.
Important: The Party Wall Act is work-enabling. If you follow the correct procedure and any required Award is in place, you can usually proceed with reasonable conditions to protect neighbouring property.
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