Short version: If your project touches a shared wall, sits on or near the boundary, or involves nearby excavations, you’ll likely need to serve a Party Wall Notice before work starts. Do it early, do it properly, and you’ll avoid delays, disputes and unexpected costs.
What the Party Wall Act covers (in plain English)
The Party Wall etc. Act 1996 sets a simple framework for certain works that may affect neighbours:
- Work to an existing shared structure (a party wall, party fence wall of brick/stone, or a party structure such as floors/ceilings between flats).
- Building new work on or astride the boundary (line of junction).
- Excavations close to a neighbour’s structure (typically within 3 m and deeper than their foundations, or within 6 m if a 45° line from the bottom of their foundations is crossed).
Timber fences aren’t covered by the Act. Masonry garden walls that straddle the boundary can be.
When you must serve notice (and which one)
There are three notice types. You may need one or more, depending on the works:
- Section 1 – Line of Junction (1 month minimum)
New wall on/astride the boundary. - Section 3 (Section 2 works) – Party Structure Notice (2 months minimum)
Works to an existing party wall/structure or party fence wall, e.g. raising, cutting in for steel beams (lofts), inserting a DPC, underpinning, demolish-and-rebuild, forming chases/flashings. - Section 6 – Adjacent Excavation (1 month minimum)
Excavations within 3 m and deeper than a neighbour’s foundations, or within 6 m if your dig intersects the 45° line from their foundation underside. This notice must include plans/sections.
You can serve notices as soon as you decide to build (you don’t need planning approval in place to serve), but the start date in the notice must respect the statutory lead-in.
What a valid notice should include
- Your name(s) and service address.
- The address of the site (if different).
- A clear description of the proposed works (methods matter more than marketing language).
- The proposed start date (observing the one- or two-month minimum).
- For Section 6: plans/sections showing the excavation relative to neighbouring structures.
- How the neighbour can respond within 14 days (consent or dissent) and what happens next.
Serve the notice on all legal owners who qualify (freeholders, and leaseholders with >12 months unexpired). In buildings split into flats, this can mean multiple notices. Send by post or by hand; email only if the neighbour has agreed in writing and provided an email address.
Typical projects and how the Act applies
- Loft conversions
Usually require a Party Structure Notice (cutting beams into the wall, raising the party parapet, flashings). Drawings are helpful; not always mandatory unless excavation is included. - Rear/side extensions
Often involve Section 6 (new foundations) and sometimes Section 1 (new wall on boundary). If tying into or altering the shared wall, add a Party Structure Notice. - Basements & deeper groundworks
Almost always Section 6; the detail in the drawings matters. - Re-roofing
Changing roof coverings alone isn’t notifiable under the Act. (Still be neighbourly and give a heads-up.) - Demolition of a shared element
Usually Party Structure Notice (e.g., chimney breast removal on a shared wall; demolish-and-rebuild of a party wall).
How neighbours can respond (the 14-day window)
After service, the neighbour has 14 days to respond in writing:
- Consent – the works can proceed under the Act (still with your general duties to avoid unnecessary inconvenience and make good any damage).
- Dissent with one impartial “agreed surveyor” – one surveyor acts for both households to produce a Party Wall Award.
- Dissent with separate surveyors – each side appoints a surveyor; the two surveyors agree the Award (a third surveyor can be named to break deadlock).
No reply within 14 days? It’s treated as a dispute, and a surveyor can be appointed for the neighbour so the Award can be made and the works can progress lawfully.
The Party Wall Award: what it gives you
A binding document that sets:
- How and when works are done (working hours, methods, temporary protection, access routes, sequencing).
- Protections for the neighbouring property.
- Damage and remedy procedures (make good or compensate).
- Access arrangements for reasonable inspections and for the works that the Act enables.
Once served, there’s a 14-day appeal window to the County Court.
Who pays?
Where the works are for the benefit of the person doing the building, they usually pay the reasonable costs of the Party Wall process—this commonly includes the neighbour’s surveyor if one is appointed. If the neighbour requests additional works that solely benefit them, they may contribute to those extra costs.
If you make use of a wall your neighbour previously built astride/at the boundary (for example, enclosing off their extension wall or raised parapet), expect a “making use” payment—commonly assessed at a fair proportion of the current-day cost of building that wall.
Practical tips to avoid friction and delay
- Start early. Serve notices as soon as your design intent is clear.
- Be specific. Vague descriptions cause anxiety and disputes; clear methods build confidence.
- Coordinate access. If scaffold or temporary protection might enter your neighbour’s land, get that agreed up front (under the Act where applicable, or by licence).
- Mind real-life impacts. Satellite dishes, parking, bins, garden use—plan to minimise disruption and restore swiftly.
- Keep records tidy. File copies of notices, consents/dissents, and the Award with your property paperwork.
Practical FAQs
Do I need planning permission first?
No. The Party Wall Act is separate. You can (and often should) serve notices before planning is decided, provided your method is sufficiently described.
Can the neighbour stop the project?
The Act is enabling—it regulates how you proceed and protects both sides. It’s not a veto on lawful works.
What if works already started?
The Act has no mechanism for retrospective notices. Stop, take advice urgently, and regularise. Ignoring the Act risks injunctions and significant liability.
Can I draft the notice myself?
Yes—if you include the right content and serve it on all correct owners. Many people use a professional to avoid invalid notices and delay.
Get this off your to-do list today
Email your drawings or a short description of the works to team@simplesurvey.co.uk (or just snap a photo of the notice you want to send). We’ll confirm which notices you need, draft them correctly, and—if required—handle the full Award process on clear fixed fees.
Simple Survey — faster notices, fair Awards, market-beating total cost.