The Party Wall etc. Act 1996 was introduced by Parliament to regulate specific types of building work that may affect neighbouring structures or land. Its purpose is to ensure that adjoining owners are properly notified and protected before certain works begin.
The first legal step in complying with the Act is the service of a Party Wall Notice. Below, we outline the key aspects of this process, the types of notices involved, and what building owners need to do to remain compliant.
What Is a Party Wall Notice?
A Party Wall Notice is a formal written document served by the Building Owner to their Adjoining Owner(s), informing them of their intention to carry out works that fall under the remit of the Act.
The obligation to serve notice lies solely with the Building Owner.
Depending on the nature of the planned works, you may need to serve one or more of the following types of notice:
- Party Structure Notice
- Notice of Adjacent Excavation
- Line of Junction Notice
1. Party Structure Notice – Section 3
This type of notice is required for works that directly affect a shared structure, such as a party wall or party fence wall. The legal provisions are found in Section 3, referencing works listed in Section 2 of the Act.
Typical examples include:
- Cutting into a party wall to insert steel beams
- Removing a chimney breast
- Cutting in weatherproof flashings
- Inserting a damp-proof course (DPC)
- Demolishing or rebuilding a party wall or structure
Notice Requirements:
- Must be served at least 2 months before work begins
- Should include the Building Owner’s name and address, a clear description of the proposed works, and the intended start date
2. Notice of Adjacent Excavation – Section 6
This notice covers excavation works near neighbouring buildings. There are two distinct situations where a notice must be served:
Section 6(1):
If excavating within 3 metres of a neighbouring structure, and to a depth lower than its foundations
Section 6(2):
If excavating within 6 metres, and the proposed works will intersect a 45° line drawn downward from the bottom of the neighbour’s foundations
Typical scenarios include:
- Foundation works
- Installation of underground drainage
- Basement construction
Notice Requirements:
- Must be served at least 1 month before work begins
- Must include:
- A statement on whether the neighbouring structure will be underpinned or safeguarded
- Plans and sectional drawings showing the depth and position of the proposed excavation
3. Line of Junction Notice – Section 1
This notice applies when building along or adjacent to the boundary line between properties.
Two common scenarios:
(a) Building Adjacent to the Boundary:
You may build a new wall entirely on your own land and place necessary foundations (excluding special foundations) beneath your neighbour’s land – but only if absolutely necessary. If the Adjoining Owner does not respond, work may commence after the 1-month notice period expires.
(b) Building Astride the Boundary:
This involves building a party wall straddling the boundary line. This is the only type of work under the Act where the Adjoining Owner can refuse consent outright. If no written response is received within 14 days, you must build the wall wholly on your land.
Serving the Notice – Section 15
Party Wall Notices must be served in accordance with Section 15 of the Act. There are three primary methods:
- By hand – delivered directly to the recipient
- By post – sent to the recipient’s usual or last known address
- If a company – delivered by hand or post to the secretary or clerk at the registered office
📧 Electronic service (email) is permitted but rare, as it requires prior written consent from the recipient.
Validity of Notices:
A notice remains valid for 12 months. If works have not commenced within that time frame, the notice expires and must be re-served.
Final Thoughts
Serving a valid Party Wall Notice is a legal requirement and the first step toward avoiding costly disputes with your neighbours. Failing to comply can lead to delays, injunctions, or even litigation.
Need help serving a notice correctly, or want to ensure you’re on the right track?
📩 Contact us today at team@simplesurvey.co.uk
Our experienced Party Wall team is here to guide you through every step.