If you’re planning any building work that affects a shared wall or boundary with a neighbour, it’s a legal obligation to serve a Party Wall Notice. While it might seem overwhelming, this guide will help you confidently understand and navigate the process. Whether you’re a homeowner, property developer, or someone undertaking DIY projects, knowing the ins and outs of the party wall procedure ensures legal compliance and helps maintain positive relationships with your neighbours.
What is a Party Wall Notice?
A Party Wall Notice is a formal communication delivered to your neighbours (or “adjoining owners”) to inform them of any planned construction that could impact a shared wall, boundary, or any other joint structure. Governed by the Party Wall etc. Act 1996, this notice applies to properties in England and Wales. The purpose of the notice is to give your neighbours the opportunity to approve or contest the proposed works.
When Should You Serve a Party Wall Notice?
You must serve a Party Wall Notice if the planned works fall within the scope of the Party Wall etc. Act 1996. The Act outlines three primary categories of work that require such a notice:
- Work on an Existing Party Wall or Structure
This includes:- Inserting beams or joists (e.g., during loft conversions)
- Removing chimney breasts
- Raising or thickening the wall
- Demolishing and rebuilding the wall
- Building a New Wall on the Boundary
If you plan to:- Build a new wall directly on the boundary line
- Build a wall on your land but close to the boundary
- Excavation Near a Neighbour’s Property
A notice is required if you’re digging:- Within 3 metres of a neighbouring structure and deeper than their foundations
- Within 6 metres, depending on the angle of the excavation (a formula determines this)
For more details about excavation notices, be sure to check out our related guide.
Step-by-Step Process for Serving a Party Wall Notice
Step 1: Assess if the Party Wall Act Applies
Before proceeding, determine whether the Party Wall Act applies to your planned work. Not all construction activities require a Party Wall Notice. Minor internal work typically falls outside the Act, but structural changes or work near the boundary line typically necessitate a formal notice. If you’re unsure, it’s a good idea to consult with a Party Wall Surveyor or architect to confirm your legal responsibilities.
Step 2: Identify the Adjoining Owners
You must serve the notice to all parties who are affected, including:
- Freeholders
- Leaseholders (if their leases are over 12 months)
- Anyone with a legal interest in the neighbouring property
If the neighbouring property has multiple owners, tenants, or landlords, make sure to notify all relevant parties. You can find ownership details through HM Land Registry for a small fee.
Step 3: Prepare the Party Wall Notice
Your notice needs to be in writing and must contain the following information:
- Your full name and address
- A description of the planned works
- The address of the property where the work will take place
- The intended start date (ensure it meets the required notice periods: 2 months for party structure work, 1 month for excavation)
- A statement confirming the notice is issued under the Party Wall etc. Act 1996
Although templates are available online, it’s recommended to seek professional assistance to ensure your notice is legally sound and complete. Mistakes—such as incorrect information, serving the wrong party, or improper notice periods—can invalidate the notice, potentially delaying your project and exposing you to legal challenges.
Step 4: Serve the Notice Correctly
You can serve the notice in the following ways:
- By hand (personally delivered)
- By post (recorded delivery is advised for proof)
- By email (if the recipient agrees to accept notices electronically)
Always keep a copy of the notice and any evidence of delivery, such as a signed acknowledgment or delivery receipt.
Step 5: Wait for a Response
Your neighbour has 14 days to respond to the notice. They can:
- Consent in writing: You can proceed with the work after the notice period.
- Dissent or fail to respond: This is treated as a dispute, triggering the dispute resolution process.
Step 6: Dispute Resolution and Surveyor Appointments
If your neighbour disagrees with the notice or doesn’t respond within 14 days, both parties must appoint a Party Wall Surveyor or agree on one jointly.
It’s important to note that a “dispute” in this context is a legal term under the Party Wall Act and doesn’t mean a personal disagreement. It simply refers to a formal disagreement regarding the planned works.
The surveyor(s) will:
- Review the plans and the notice
- Prepare a Party Wall Award, which legally defines the scope of work, access rights, and any necessary protective measures
If each party appoints a surveyor, a third surveyor is chosen to resolve any disagreements. This third surveyor acts as an impartial adjudicator, ensuring fairness in the process.
Step 7: Proceed with the Work as per the Award
Once the Party Wall Award is agreed upon, you can move forward with your construction. Make sure to follow the specifications laid out in the award, as failure to comply could result in legal action or an injunction to stop the work.
Common Questions
What Happens if I Don’t Serve a Party Wall Notice?
Not serving a Party Wall Notice is a violation of the Act. Your neighbour could apply to the court for an injunction to halt your work, and you may be held liable for damages or legal costs.
How Long Does the Process Take?
- Consent: A minimum of 14 days
- Dispute: Typically takes 4 to 8 weeks for surveyor appointments and preparation of the award
Start early to avoid delays.
Can My Neighbour Refuse the Work?
While your neighbour can dissent, they can’t block the work outright if it complies with the Party Wall Act. The Act ensures both parties come to an agreement before construction begins.
Final Thoughts on Serving a Party Wall Notice
Serving a Party Wall Notice may seem like a formality, but it’s essential for protecting your legal rights and keeping good relations with your neighbours. Failing to comply with the Party Wall etc. Act 1996 can have significant legal consequences, such as court injunctions, expensive delays, or even claims for damages.
Taking the necessary steps early will save you from costly mistakes and ensure the project runs smoothly. If you’re unsure about your obligations or need help navigating the process, feel free to reach out for professional assistance.