Short answer: yes—if your works are notifiable under the Party Wall etc. Act 1996, you must serve a valid Party Wall Notice even when everyone’s on friendly terms.
A friendly nod over the fence is great for neighbourly relations, but it isn’t a substitute for the statutory process.
Skipping it risks injunctions mid-build, delays, and awkward conveyancing questions when you sell.
Here’s the smart way to stay compliant without derailing your programme.
Why informal consent isn’t enough
The Act is separate from planning permission and building control. If your works fall under Sections 1, 2 or 6 (new walls at/astride the boundary, works to a party wall/structure, or excavations within 3–6m and deeper than your neighbour’s foundations), the Building Owner must serve Notice and, where there’s no written consent, obtain a Party Wall Award before starting the notifiable elements.
Your neighbour’s verbal “all good” doesn’t create the legal framework the Act requires. Without it:
- A neighbour can change their mind or sell—new owners inherit rights under the Act.
- You could face a court injunction to stop works until the process is regularised.
- When you sell or remortgage, your solicitor will ask for evidence: the signed Notice consent or the Award. If you can’t produce it, expect enquiries, indemnity policies, or price chips.
Get certainty first: have a Party Wall surveyor check your plans
Before you assume a Notice isn’t needed, ask an expert. A competent Party Wall surveyor blends legal know-how with building pathology and will quickly tell you:
- If the works are notifiable (and under which section).
- Why, in plain English (e.g., steel insertion into a shared wall, chimney breast removal, raising the party wall, or foundation depths vs. your neighbour’s).
- What to serve, to whom, and when, including any drawings needed for Section 6 excavations.
If notices are required, we’ll map the quickest compliant route.
If notices are not required, we’ll confirm that in writing—handy if questions arise later.
“But my neighbour will just consent…”
Great—written consent to a properly served Notice is the cleanest path. It proves compliance and keeps your timeline lean.
If they prefer a formal safeguard, the surveyor(s) agree a Party Wall Award that regulates the time and manner of the notifiable works, access arrangements and a clear route for resolving any damage claims—so everyone knows where they stand.
Either way, you get what a verbal chat can’t provide: a statutory paper trail that protects the build today and your sale tomorrow.
Timing tip
- Section 2 (party structures): serve 2 months before notifiable works.
- Section 1 (new walls) & Section 6 (adjacent excavation): serve 1 month before.
- Neighbours have 14 days to respond. If they consent, you can proceed (in line with the Act). If they dissent or don’t reply, surveyor(s) are appointed and an Award follows.
If your programme is tight, speak to us—there are legitimate ways to keep momentum while staying compliant.
Simple Survey: clear, compliant, cost-effective
- Party Wall Notice service: £25 per adjoining ownership
(multi-notice bundles discounted) - Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee
(depends on complexity and number of notices/owners) - Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side
(we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained)
We’re structured for speed, clarity and value—so you get statutory certainty without “big-firm” pricing.
Bottom line
Friendly neighbours make projects easier—but statute still applies. Serve the right Notice, get written consent or an Award, and keep an audit trail that reassures solicitors, lenders and future buyers. One quick plan check today can save weeks of delay and £££ in the future.
Get a same-day plan check
Email your drawings and address to team@simplesurvey.co.uk for a fast “notifiable or not” answer and a fixed-fee proposal. Let’s keep your project compliant, calm and on schedule.