Yes. Planning permission and the Party Wall etc. Act 1996 are separate legal processes. Getting your planning consent (or relying on permitted development) says nothing about your obligations to notify neighbours under the Act. If your works fall within Sections 1, 2 or 6 of the Party Wall Act, you must serve the correct notice(s) and follow the statutory process—regardless of what the planners have approved.
Below we explain when notices are needed, how the process fits with your programme, and what happens if you skip it.
Planning vs Party Wall: Two Different Gateways
- Planning considers use, appearance and policy.
- Party Wall governs how you may carry out certain works that affect shared or nearby structures, and the rights/obligations between neighbours while you do so.
You can have planning permission and still be unlawful to start until you’ve dealt properly with the Party Wall Act.
When a Party Wall Notice Is Required
You must notify relevant adjoining owners if you plan any of the following:
Section 1 — New Walls at the Boundary (Line of Junction)
- Building up to the boundary on your land (notice required).
- Proposing to build astride the boundary (needs your neighbour’s written consent).
- Notice period: 1 month before works can begin.
Section 2 — Works to Party Structures
- Cutting into a party wall (e.g., for steelwork, DPCs, chases).
- Cutting away projections (e.g., chimney breast removal).
- Raising, underpinning, demolishing and rebuilding, or repairing a party wall/party fence wall; weathering an exposed party wall, etc.
- Notice period: 2 months before works can begin.
Section 6 — Adjacent Excavation
- Excavating within 3 metres of a neighbouring structure and deeper than its foundations; or
- Excavating within 6 metres where certain deeper excavations apply (e.g., piles).
- Notice period: 1 month before works can begin.
Tip: The Act looks at distances and depths, not whether the council has approved the drawings.
Typical Timings (and How They Affect Your Programme)
- Serve notices early—as soon as your design is fixed enough to describe the notifiable elements (drawings help everyone understand the proposals).
- Statutory notice periods run from service: 1 month (Sections 1 & 6) or 2 months (Section 2).
- Neighbours have 14 days to respond to the first notice. If they don’t, a further 10-day request can be issued; continued silence creates a deemed dispute and the Section 10 surveyor process kicks in.
- Once authorised, you typically have 12 months to start the notified works.
“I’ve Got Planning — What If I Don’t Serve a Notice?”
Skipping notices is risky and often false economy:
- Injunction risk: Neighbours can apply to court to halt works until you comply.
- Programme slippage: Courts and emergency legal steps usually cost more time and money than serving notices correctly at the outset.
- Loss of statutory rights: The Act grants rights (e.g., controlled access) that you can’t rely on if you haven’t followed the process.
- Fee exposure: You may end up paying more in legal costs and remedial agreements than standard Party Wall fees.
- Conveyancing headaches: Missing or defective Party Wall paperwork can cause delays or price chips when you sell.
Do I Need a Surveyor If My Neighbour Is Happy?
If your neighbour consents in writing to the notice, you can usually proceed without an Award. If they dissent (or don’t respond), the Act requires a surveyor-led determination (either one Agreed Surveyor for both owners, or two surveyors with a Third Surveyor in reserve). This is separate from planning and ensures the works proceed lawfully and with clear, enforceable terms between neighbours.
Transparent, Fixed Pricing
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted).
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee, depending on complexity and number of notices/owners.
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side. (The Adjoining Owner’s surveyor often bills hourly; we work to keep those costs reasonable and contained.)
- Complex works (deep excavations, multi-owner blocks): we’ll still offer the fixed pricing as above!
- No surprises, no creeping extras. You’ll know the number before we start.
FAQs
Does permitted development change anything?
No. Whether your works are permitted development or fully consented, if they fall under Sections 1, 2 or 6 you must still follow the Party Wall Act.
Can I serve my own notices?
Yes—owners can serve notices themselves. Just ensure they’re valid (correct section, content and service). Many owners use us to avoid invalid paperwork and delays.
When should I serve the notice?
As soon as your notifiable scope is settled enough to describe clearly. Build in the 1–2 month statutory periods, plus response time.
What if my neighbour ignores the notice?
After 14 days with no reply, you issue a further 10-day request. Silence after that = deemed dispute; a surveyor can be appointed on their behalf under Section 10(4) so the process can progress.
Who pays the fees?
Generally the Building Owner, as they benefit from the works. The Act requires reasonable costs; we keep scopes tight and proportionate.
We’ve already started—can we regularise it?
Act now. Late compliance is better than none and may prevent injunctions or escalating costs. Get advice immediately.
Planning says my drawings are fine—why does my neighbour get a say?
Because the Party Wall Act regulates how notifiable works are executed where they affect shared/nearby structures and neighbour rights. It runs alongside planning.
The Bottom Line
Planning permission does not remove your Party Wall obligations. If your works are notifiable, you must serve valid notices and—where there’s dissent—secure a compliant Award before you start. Done early and correctly, the process protects your programme, budget and neighbour relations.
Need the fastest, cheapest compliant route?
Email team@simplesurvey.co.uk for a same-day plan and fixed fee. We’ll get your notices out, manage responses, and deliver the paperwork you need—quickly, correctly, and at the lowest like-for-like cost we can find in England & Wales.