What they are, how to serve them correctly, and what happens next
If you’ve landed here, you’ve either discovered you need to serve a Party Wall Notice or you’ve been served one.
This guide gives you a surveyor’s eye view—clear, impartial and practical—so you understand exactly what Notices do, how to get them right first time, and how they unlock the rest of the Party Wall process.
1) The Notice is the opening bell
A Party Wall Notice formally tells the Adjoining Owner (your neighbour) that you intend to carry out notifiable works under the Party Wall etc. Act 1996. It:
- Identifies the works (with sufficient particulars and, for excavations, plans/sections showing depths and distances).
- Starts the statutory clock for responses and earliest lawful start dates.
- Offers the three response options (see No 3 below).
- Creates the paper trail you’ll later need for conveyancing, lenders, insurers and—if things go wrong—evidence.
Think of the Notice as the front door to the Party Wall procedures. Without it, there is no lawful route through the Act.
2) “They can’t be ignored” (well… they can, but not without concequence)
If an Adjoining Owner doesn’t reply within 14 days, the Act treats that silence as a dissent. After a short further period (a 10-day request to appoint), a surveyor may be appointed on their behalf so the matter can still proceed to an Award.
In other words: ignoring a Notice doesn’t stop the process; it simply removes your neighbour’s control over who represents them and usually increases cost and delay.
3) Only three valid responses (no hybrids, caveats or “conditional consents”)
On receiving a valid Notice, an Adjoining Owner must choose one of three statutory options:
- Consent – No surveyors, no Award. The Building Owner may proceed (still responsible for any damage caused).
- Dissent & Agreed Surveyor – One impartial surveyor acts for both owners and makes the Award.
- Dissent & Separate Surveyors – Each owner appoints their own surveyor; those two select a Third Surveyor as a back-stop. The two surveyors agree the Award (or the Third decides disputed points).
“Conditional consent”, “consent if X happens”, or bespoke wording outside the Act isn’t valid. If the neighbour wants safeguards beyond a plain consent, the correct route is dissent so those protections can be embedded in a binding Award.
4) Valid service under Section 15 (no ifs, no buts)
A Notice must be served correctly. Typical valid routes include:
- By post to the owner’s last known address (deemed served after postal time—allow an extra 2 days).
- By hand to the owner, or to an adult occupier at the address.
- By fixing to a conspicuous part of the premises (e.g., door/gate) if the owner can’t otherwise be found.
- By email/electronic means only where the Adjoining Owner has explicitly agreed in writing to electronic service.
Equally important is serving the right people: all legal “Owners” (freeholder and any leaseholder with a lease exceeding one year). Missing a relevant owner (e.g., a long-lease flat above) can invalidate the process.
Key point: If service under Section 15 is defective, the Notice is invalid and the entire process must restart.
5) What a complete Notice looks like (and why many DIY Notices fail)
Your Notice should include, as applicable:
- The correct parties: full names/addresses of the Building Owner(s) and Adjoining Owner(s).
- Statutory basis: the section(s) your works fall under (Section 1—line of junction; Section 2—works to party wall/structure; Section 6—adjacent excavation).
- Nature and particulars of works: clear description; for Section 6, plans/sections showing exact depths and distances to neighbour’s structures.
- Proposed start date: observing minimum lead-times (typically 1 month for Sections 1 & 6; 2 months for Section 2).
- Response form: the three options with a simple tick/return method and the statutory 14-day period.
- Contact details and, if you wish, the details of your proposed/appointed surveyor.
DIY Notices often fall down on ownership errors, missing drawings for excavations, wrong lead-times, or invalid service. Any one of these resets the clock.
6) Timing essentials (so you don’t derail your start date)
- 14 days for the Adjoining Owner’s initial response.
- If silent: a further 10-day letter to appoint a surveyor.
- Minimum notice periods:
- Section 1 (new walls at/astride boundary): 1 month before works.
- Section 6 (adjacent excavations): 1 month before works.
- Section 2 (works to party wall/structure): 2 months before works.
- Allow +2 postal days each time you serve by post.
Plan backwards from your target start date. If dissent is likely (e.g., basements, deep excavations), factor in extra time for surveyor engagement, any checking engineer input, and drafting/agreement of the Award.
7) What happens after a dissent?
A dissent triggers the appointment of surveyor(s) who will:
- Review drawings, methods and sequencing; add protections (e.g., hand tools near the party wall, trench support time limits, temporary weathering, protection to vents/flues).
- Deal with access (Section 8) where needed—extent, duration, protections, reinstatement.
- Set out a damage protocol (making good vs compensation).
- Produce and serve the Party Wall Award—the legal instrument that authorises the works to proceed under the Act.
8) Common Notice mistakes (to avoid starting again)
- Serving tenants but not owners (or missing a head-lease).
- No plans/sections for Section 6 excavation Notices.
- Back-dating or using the wrong lead-times.
- Emailing without prior written consent for electronic service.
- “Hybrid” consents or custom response letters outside the Act.
Get these right once, and the rest of the process usually flows.
9) Practical tips for a smooth Notice stage
- Talk first, serve second. A friendly heads-up softens the landing and improves response times.
- Propose an Agreed Surveyor for modest risk jobs—often faster and cheaper.
- Include the final drawings (especially for excavations). Clarity reduces queries and delays.
- Keep it plain-English. Neighbours (and contractors) should understand what’s proposed without deciphering jargon.
- Track service. Keep proof of postage/hand service and a simple service log.
Simple Survey: fixed, transparent pricing (nationwide)
Notices
- Drafting & valid service (per Adjoining Owner) ………. £25
Awards
- Agreed Surveyor Award (both owners) ………………. from £300 (fixed)
- Building Owner’s Surveyor (two-surveyor route) …… from £325 (fixed, our side)
We’re experienced building surveyors, RICS-qualified, and we write contractor-friendly Awards in clear English. Fixed fees. No surprises.
Ready to get your Notices right first time?
Email your drawings and neighbour details. We’ll confirm what’s notifiable, who must be served, and give you a fixed-fee route from Notice to Award—without drama.
Simple Survey — Nationwide • Fixed Fees • Experienced & Qualified
📧 team@simplesurvey.co.uk