Renovating your home can be exciting — a chance to refresh your space and add value. But before the builders arrive and the work begins, it’s important to think about who might be affected by your construction.
In the UK, you’re legally required to inform your neighbours in advance if your work involves shared walls or boundaries. This is done through a Party Wall Notice, a crucial step under the Party Wall etc. Act 1996. Failing to do so can lead to legal complications.
What Are Party Wall Notices?
If your property shares a wall or boundary with a neighbour, and you plan to carry out building work affecting that wall or structure, the Party Wall etc. Act 1996 requires you to notify your neighbour first. This notification is called a Party Wall Notice.
Are Party Wall Notices Mandatory?
Yes, for certain types of work. The Act doesn’t specify penalties for not serving notice, but your neighbour can seek an injunction to stop the work or claim damages if you fail to inform them. Minor work, such as hanging a picture, usually does not require a notice.
Who Must Serve and Receive a Party Wall Notice?
The building owner — the person planning the work — must serve the notice to the adjoining owner, which includes anyone with a legal interest (e.g., freeholder or leaseholder) in the neighbouring property.
Types of Party Wall Notices
There are three main types of notices:
- Line of Junction Notice
- Party Structure Notice
- Notice of Adjacent Excavation
You must serve Party Structure Notices at least two months before work begins, while Line of Junction and Adjacent Excavation Notices must be served at least one month in advance (unless your neighbour agrees to a shorter period).
What Should a Party Wall Notice Include?
A valid Party Wall Notice should provide:
- A clear description of the proposed work on the party wall
- The planned start date
- Whether special foundations are needed
- Details about any appointed surveyors
- A statement acknowledging receipt of the notice
What Construction Work Requires a Party Wall Notice?
You need to notify neighbours if you plan to:
- Cut into a party wall
- Demolish and rebuild a party wall
- Raise or lower the wall
- Remove a chimney breast in the party wall
- Underpin a party wall
- Build a new boundary wall
- Excavate near your neighbour’s foundations
- Work on a party fence wall
How to Serve a Party Wall Notice
You can deliver the notice:
- In person
- By post
- By email (only if your neighbour agrees and provides their email address)
What Happens After Serving a Notice?
- If your neighbour agrees in writing, you can proceed with the work, taking care to minimize disturbance and protect their property. It’s wise to complete a schedule of condition before starting, to document your neighbour’s property condition.
- If your neighbour refuses or does not respond, a dispute arises. Both parties should appoint surveyors or jointly select an agreed surveyor to resolve the dispute through a Party Wall Award.
Can One Notice Cover Multiple Works?
No, each different type of work requires its own separate Party Wall Notice.
What if Your Neighbour Ignores the Notice?
If there’s no response within 14 days, a reminder should be sent. After 10 days without reply, the dispute is deemed to have arisen, and your surveyor will appoint a surveyor for the adjoining owner. The surveyors then prepare a Party Wall Award, a legal document outlining how and when the work will proceed.
Conclusion
If your construction involves party walls or boundaries, always serve a Party Wall Notice first. It’s a legal obligation under the Party Wall etc. Act 1996 and helps prevent costly disputes.
Need help drafting your Party Wall Notice? Feel free to contact us — we’re here to guide you through the process.