If your project involves building on or near a boundary—think loft conversions, rear/side extensions, chimney alterations, or any excavation close to a neighbour’s foundations—the Party Wall etc. Act 1996 will likely apply. One of the most common causes of delay is leaving party wall matters until the end of the design phase. The fix is simple: start the notice process early and serve valid notices. Here’s how to time it, what to include, and how to keep everything moving smoothly.
When is the right time to serve a notice?
Sooner than most people think. Of the Act’s three notice types, only one—the Notice of Adjacent Excavation (Section 6)—must be accompanied by drawings showing the location and depth of the proposed foundations. For the other two—Party Structure Notices (Section 3) and Line of Junction Notices (Section 1)—you can serve as soon as you’ve decided to proceed and can clearly describe the works.
Take a standard loft conversion. In almost every case you’ll need to cut beams into the party wall to form the new floor and support the roof. That’s notifiable under Section 3. The Act requires “the nature and particulars” of the works, not a full engineering package, so you don’t have to wait for final steel sizes before serving a valid Party Structure Notice.
For excavations, you do need drawings. But you don’t have to sit tight until every last detail is frozen. Provisional architectural or engineer’s drawings that show the intended trench or pad positions and depths are sufficient to get a compliant Section 6 notice out the door. If the design evolves, you can serve further or amended notices as needed; what you must avoid is breaking ground without having served a valid notice for the excavation actually being undertaken.
Why earlier is almost always better
Notices trigger statutory lead-in periods—two months for Section 3, one month for Sections 1 and 6—plus a 14-day response window. If an Adjoining Owner dissents (or doesn’t reply), you enter the dispute-resolution pathway and a Party Wall Award must be agreed before notifiable works commence. Starting the process early gives everyone room to do this properly, without holding up your contractor.
Early service also heads off a second source of delay: uncertainty. Adjoining Owners (and their surveyors) are far more comfortable consenting when they understand what’s proposed. Even when the Act doesn’t require drawings, enclosing your latest plans or a concise method note builds confidence and reduces friction.
How much detail do notices need?
Think clear, not exhaustive. Your notice should identify the properties and owners, state the relevant section of the Act, describe the works in plain language, and give the proposed start date (respecting the statutory lead-in). For Section 6, attach plan(s) and section(s) showing foundation positions and depths. Dated service and proof of delivery matter. If you’re unsure about party status, freeholders/long leaseholders, or multi-ownership (e.g., flats), get professional help to make sure every “Adjoining Owner” is properly served—miss one and you can invalidate the process.
Talk to your neighbour first, then follow up formally
A quick, friendly conversation before the envelope lands goes a long way. Let them know notices are coming, what you’re proposing, and roughly when noisy works would occur. Many neighbours are unfamiliar with the Act; a short explanation of what the notice means and what their options are (consent, dissent with an Agreed Surveyor, or appointing their own surveyor) can shorten the 14-day response time dramatically. We often follow up with a helpful call or email once a notice is served to explain the next steps in plain English—this alone can shave weeks off a programme.
Common mistakes that cause delay
The biggest pitfalls are wrong notice type, wrong timing, missing drawings on Section 6, vague descriptions, or failing to notify all relevant owners (for example, freeholder plus long-leaseholder in flats). Any of these can make a notice invalid, forcing you to re-serve and restart the clock. Another frequent issue is waiting for “final” drawings when the Act would allow you to serve now and refine later—don’t lose momentum unnecessarily.
What if designs change after serving?
It happens. If the change is material—say, you move from strips to pads, deepen foundations, add new steels into the party wall, or alter the line-of-junction strategy—serve an updated notice that matches the works you will actually carry out. If your neighbour originally consented, they can still choose to dissent to the revised notice; in that case, you’ll proceed to an Award for the changed elements. What you cannot do is undertake notifiable work that isn’t covered by a valid, correctly served notice.
Keep the process smooth—and your programme intact
The recipe is straightforward: serve early, serve correctly, communicate clearly. Doing so keeps you inside the law, reduces the risk of injunctions, and makes it far more likely your neighbour will engage constructively. If you need help drafting or serving compliant notices—or steering the process toward a prompt Award where required—bring in a specialist who does this every day.
Need a hand getting your notices out quickly and correctly?
Simple Survey can draft and serve compliant Party Wall Notices, liaise with your neighbours, and—if there’s a dissent—progress matters efficiently toward a robust Award.
Drop us an email at team@simplesurvey.co.uk and we’ll get you moving today.