Everything You Need to Know Before Starting Construction
Under the Party Wall etc. Act 1996, if you’re planning certain types of building work near or on a shared boundary, you’re legally required to inform your neighbour(s) in writing. This formal notification is called a Party Wall Notice.
Think of it as the first cog in the legal machinery that helps protect both your property and your neighbour’s during construction.
🏗️ The 3 Types of Party Wall Notices
Depending on the type of work planned, you may need to serve one or more of the following notices:
- Party Structure Notice
- Notice of Adjacent Excavation
- Line of Junction Notice
You can serve a Party Wall Notice up to 12 months before work begins, but by law, you must give either one or two months’ notice, depending on the type of works.
1️⃣ Party Structure Notice – Section 3 Notice
This covers works that directly affect a shared or party wall (as described in Section 2 of the Act), including:
- Inserting steel beams
- Removing chimney breasts
- Adding flashings for waterproofing
- Installing damp-proof courses
- Demolishing or rebuilding a party wall
This notice must be served at least 2 months before work starts and should include:
- The building owner’s name and address
- A clear description of the proposed works
- The planned start date
💡 Top Tip: Always speak to your neighbour first. A friendly conversation before serving formal notice can help avoid disputes later.
2️⃣ Notice of Adjacent Excavation – Section 6 Notice
This applies if you’re excavating within:
- 3 metres of a neighbouring structure to a deeper level, or
- 6 metres, depending on the depth and angle of the excavation.
This notice must be served at least 1 month before work begins and must include:
- Detailed plans showing location and depth of excavation
- A statement on whether you’ll be underpinning the neighbour’s structure
- Whether the foundations will include reinforcement (known as special foundations)
❗ If your neighbour refuses consent for special foundations crossing onto their land, your design team will need to find an alternative solution.
3️⃣ Line of Junction Notice – Section 1 Notice
This notice is required if you intend to:
- Build a new wall up to the boundary line on your own land
- Build a new wall astride the boundary line (a party wall)
For either scenario, notice must be served at least 1 month before starting work.
- If your neighbour does not respond, you can go ahead and build the wall on your own land.
- To build astride the boundary, written consent is required. If not received within 14 days, you must build on your side only.
⚠️ Note: You may lay footings beneath your neighbour’s land – but not special foundations, and only if it’s deemed necessary.
📬 How to Serve a Party Wall Notice
As a legal document, a Party Wall Notice must meet strict requirements. Valid service methods include:
- Hand delivery to the recipient
- Posting to the last known residence or place of business
- For companies: delivery to the registered office or secretary
If you’re serving notice on a leasehold property, you must notify both the leaseholder and the freeholder. For example, a converted house with two flats and a separate freeholder might require notice to three separate parties.
⚖️ What Happens if Your Neighbour Doesn’t Respond?
Once you’ve served a notice, your neighbour has 14 days to respond. Here’s what happens next:
- Consent given – Great! You can proceed without the need for an Award.
- Dissent (objection) – A dispute is deemed to have arisen. Surveyor(s) must now be appointed to resolve matters and prepare a Party Wall Award.
- No response after 14 days – A dispute is automatically assumed. You must appoint a surveyor on your neighbour’s behalf and cannot use a joint surveyor.
📋 The Party Wall Award
Once surveyors are appointed, they’ll:
- Assess the proposed works
- Agree any necessary protective measures
- Issue a legally binding Award (agreement)
The surveyors must act independently and impartially, even if you’re paying their fees (which is usually the case, as the building owner benefits from the work).
⚠️ A Party Wall Award is not optional – it’s a legal safeguard for both parties.
⏰ Don’t Delay – Act Early
Whether you’re building an extension, loft conversion or basement, don’t leave Party Wall matters to the last minute. Serve notices early, plan for contingencies, and appoint experienced surveyors who can guide you through the process.
📩 Need help serving a Party Wall Notice or resolving a dispute?
Our expert team is here to help – get in touch at team@simplesurvey.co.uk for professional guidance and fast, compliant service.