When carrying out building works that fall under the Party Wall etc. Act 1996, Building Owners are legally required to serve the correct Party Wall Notice on all affected neighbours (the Adjoining Owners).
The Act applies to:
- New buildings on or at a boundary line
- Works to existing party walls or party structures
- Excavations near neighbouring foundations
Examples include:
- Constructing a new wall on or along the boundary line
- Cutting into a shared wall for beams or structural support
- Raising, reducing, or rebuilding a party wall
- Removing chimney breasts from a party wall
- Excavating deeper than a neighbour’s foundations (e.g. for basements or extensions)
1. Party Structure Notice (Section 3)
A Party Structure Notice must be served if you intend to carry out works to an existing party structure under Section 2 of the Act.
This covers works such as:
- Inserting beams for a loft conversion
- Removing chimney breasts
- Underpinning foundations
- Raising or reducing the height of a wall
Notice period: At least 2 months before works begin.
2. Notice of Adjacent Excavation (Section 6)
This notice applies where excavations are planned close to a neighbour’s property. It is required when:
- Excavating within 3 metres of a neighbouring property and going deeper than their foundations, or
- Excavating within 6 metres where works intersect a 45-degree line drawn from the neighbour’s foundations.
Notice period: At least 1 month before works begin.
3. Line of Junction Notice (Section 1)
A Line of Junction Notice applies if you intend to build a new wall:
- Directly on the boundary line, or
- Astride the boundary line with neighbour’s consent.
Notice period: At least 1 month before works begin.
Why Serving the Correct Notice Matters
Serving the wrong notice — or failing to provide sufficient detail — can delay your project, trigger disputes, and even risk injunctions stopping your work. A valid notice ensures compliance, transparency, and gives your neighbours the opportunity to consent or dissent within the law.
FAQs
Q1. When do I need to serve a Party Wall Notice?
You must serve a notice before carrying out works affecting a shared wall, boundary walls, or nearby excavations under the Party Wall etc. Act 1996.
Q2. How much notice do I need to give my neighbour?
Most party wall works require either one or two months’ notice, depending on the type of work being carried out.
Q3. What happens if my neighbour doesn’t respond to a notice?
If there’s no reply within 14 days, a dispute is deemed to arise and a party wall surveyor must be appointed to progress a Party Wall Award.
Q4. Can I serve a Party Wall Notice myself?
Yes, but mistakes are common. Many Building Owners choose a best party wall surveyor to ensure notices are valid and avoid costly delays.
Q5. Do I need a surveyor if my neighbour agrees?
Not always. However, professional guidance can still help protect both parties and reduce the risk of disputes later.
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