Understanding whether your proposed works are notifiable under the Party Wall etc. Act 1996, ensures that you are able to correctly serve a Party Wall Notice and ensure that Adjoining Owners receive the correct notice.
The Act grants rights under Sections 1, 2, and 6, but those rights are only exercisable when valid notices are served.
Section 1 — New Walls at (or on) the Boundary
This section applies mainly to ground-level extensions where a new wall is placed:
- Up to the boundary (on your land); or
- Astride the boundary (half on each owner’s land).
A wall astride the line can only be built with the Adjoining Owner’s express written consent. (This is different from replacing a shared garden wall with a party wall—see s.2(2)(l) below.)
If you set the new wall back from the boundary—even by a few inches—s.1 won’t apply (though s.6 might). Note that stepping back also means you won’t have statutory access over the neighbour’s land for construction.
Who to notify: Any freeholder or leaseholder whose demise reaches the boundary affected by the new wall.
Section 2 — Works to Existing Party Structures (and to neighbours’ boundary walls)
“Party structures” include party walls, party fence walls (garden walls on the line), and party floors/ceilings between flats. Common notifiable works include:
- s.2(2)(a) — Underpinning or raising a party wall or party fence wall.
- (b) — Repairing a party structure.
- (f) — Cutting into a party structure (e.g., for steel beams, padstones, flashings, fixings).
- (g) — Cutting away elements attached to a party structure (e.g., chimney breast removal).
- (j) — Chasing/flashings into a neighbour’s wall on the boundary.
- (l) — Demolishing a party fence wall and rebuilding it as a party wall.
- (n) — Exposing a party wall (weatherproofing obligations apply).
Who to notify: Every freeholder or leaseholder whose demise includes the affected section of the wall/structure.
Section 6 — Excavation Near a Shared/Adjoining Structure
Excavations are notifiable where you propose new foundations:
- Within 3 metres of a neighbour’s structure and deeper than their foundation; or
- Within 6 metres, where the 45° test from the bottom of your excavation would intersect their foundation (often relevant to piles or deep foundations).
Pre-1960s buildings often have shallow footings, so the “deeper than their foundation” test is frequently met for modern extensions.
Who to notify: Any freeholder or leaseholder whose demise includes the structure potentially affected by your excavation.
Practical next steps
- Map your drawings against Sections 1, 2, and 6 to confirm which apply.
- Identify every Adjoining Owner (freeholder + leaseholders >12 months) whose demise is affected.
- Prepare separate notices for each applicable section (you can combine s.1 & s.6 as they share a 1-month lead-in; s.2 requires 2 months).
- Serve by a valid method (s.15) and keep evidence of service.
- Offer a Schedule of Condition to encourage consent and reduce friction.
Want a quick, fixed-fee check of what’s notifiable and who to notify?
Email team@simplesurvey.co.uk—Simple Survey are the lowest-cost party wall surveyors across England & Wales. We’ll confirm which sections apply, list all Adjoining Owners, and draft compliant notices with neighbour-friendly cover letters to set your project up for a smooth start.