If you’re planning any building work near a shared wall or boundary, it’s important to understand when Party Wall Notices should be served. Under the Party Wall etc. Act 1996, these notices are a legal requirement designed to notify neighbours in advance and help prevent disputes.
In this guide, we explain when each type of Party Wall Notice must be served and why getting the timing right is crucial for a smooth construction process.
What is a Party Wall Notice?
A Party Wall Notice is a formal written notification that you, as the property owner, are planning to carry out work that may affect a shared wall, boundary, or structure. It gives your neighbour the opportunity to consent to or dispute the proposed works, triggering further procedures if necessary.
Types of Party Wall Notices
There are three main types of notices under the Party Wall Act, depending on the nature of the work being carried out.
1. Line of Junction Notice
This applies when you’re planning to build a new wall along or right up to the boundary between two properties. It is usually relevant when there is currently no structure along the boundary line.
Common examples include building an extension wall on the edge of your land.
2. Notice of Adjacent Excavation
This notice must be served if you’re excavating:
- Within 3 metres of a neighbour’s property and to a depth lower than their foundations, or
- Within 6 metres, where your excavation may intersect with their foundations depending on the depth and angle.
The notice should include detailed plans showing the proposed excavation and its depth.
3. Party Structure Notice
This applies when you’re carrying out work directly on a shared wall or structure. It covers alterations or modifications to existing party walls, party fence walls, and shared floors or ceilings in flats.
Examples of notifiable work include inserting structural beams, removing chimney breasts, or raising the height of a shared wall.
When Should Party Wall Notices Be Served?
Timing is essential when serving Party Wall Notices. The Act specifies minimum timeframes, depending on the type of work involved:
- Party Structure Notice – Must be served at least two months before the work starts.
- Line of Junction Notice – Must be served at least one month before the work begins.
- Notice of Adjacent Excavation – Must also be served one month in advance.
These are statutory minimum periods. In practice, it’s best to serve notices earlier to allow time for discussions, surveyor appointments, or any disputes that may arise.
Why Early Notice Matters
While the law defines the minimum notice period, serving the notice early is always recommended. It offers several advantages:
- Reduces the risk of construction delays due to unresolved disputes.
- Gives your neighbours time to seek advice or appoint a surveyor if needed.
- Encourages transparency and maintains good neighbourly relations.
- Helps ensure your project stays compliant with the law.
What Happens After Serving a Notice?
Once a notice is served, your neighbour has 14 days to respond. They have the following options:
- Consent in writing – You can proceed with the work as planned.
- Dissent – A Party Wall Surveyor must be appointed to resolve the matter and prepare a Party Wall Award.
- No response – Treated as dissent by default, and surveyors must still be appointed.
If surveyors are involved, they will produce a Party Wall Award, which outlines the agreed scope of work, access permissions, and any protections for the adjoining property.
Checklist for Serving Party Wall Notices
- Determine if your planned work falls under the Party Wall Act.
- Identify which type of notice is required.
- Prepare detailed plans and descriptions of the work.
- Serve the notice within the correct timeframe (1 or 2 months).
- Keep written records of all correspondence.
- Allow time for possible surveyor involvement or dispute resolution.
Conclusion
Serving the correct Party Wall Notice at the right time is a vital part of any construction project that affects a shared wall or boundary. Understanding the types of notices and when to serve them helps avoid legal complications, build goodwill with neighbours, and keep your project running on schedule.
If you’re unsure whether your project falls within the scope of the Act, consult a qualified Party Wall Surveyor before starting work.