If you’re planning works near a boundary or to a shared structure, getting the Party Wall notice right is what keeps your project lawful and on track. Below is a concise, corrected guide you can rely on—what a valid notice must include, who must receive it, and when each notice must be served.
Do Party Wall notices “expire”?
- Validity window: A Party Wall notice is valid for 12 months from service. If the works don’t start within that period, you’ll need to serve a fresh notice.
- Consent timing: A written consent to a notice doesn’t “transfer” to a new owner. If ownership changes before works start, serve a new notice on the new owner.
- Response timing: The adjoining owner has 14 days to respond to the original notice (consent/dissent). No response after 14 days = deemed dissent, which triggers the Act’s dispute-resolution route.
What must a Party Wall notice include?
Every valid notice should clearly state:
- Your full name (the person proposing the works) and a correspondence address
- The address of the works (if different)
- A clear reference to the relevant section(s) of the Act (Section 1, 2 and/or 6)
- A plain description of the proposed works and the intended start date
- Signature and date of service
Drawings:
- Mandatory for Section 6 (Adjacent Excavation): plans and sections showing position of the excavation relative to neighbouring structures and depth of excavation.
- Recommended (but not legally mandatory) for Section 1 and Section 2 notices—good drawings reduce confusion and disputes.
Who counts as an “Owner” (and must receive notice)?
Under the Act, you must notify every “owner” of the affected neighbouring property. That can include:
- The freeholder
- Any leaseholder with a lease exceeding 12 months
- A person entitled to receive the whole or part of the rents or profits of the land
- Sometimes, a purchaser under contract
In flats, that can mean more than one owner (e.g., freeholder and certain long leaseholders). If in doubt, identify all legal interests first—this is a common pitfall.
Which notice, when? (By project type)
A) Ground-floor extensions & internal alterations
- New wall at or astride the boundary (Line of Junction) — Section 1
- Notice period: 1 month
- Required where a new wall is built up to the boundary wholly on your land, or astride the boundary (the latter needs written consent).
- Works to a party wall/party fence wall/party structure — Section 2
- Notice period: 2 months
- Typical triggers: cutting in for beams/DPC, cutting away projections (e.g., chimney breast), raising or demolishing/rebuilding a party wall, rebuilding a party fence wall astride the boundary.
- Adjacent excavation — Section 6
- Notice period: 1 month
- Triggered if you excavate within 3m of a neighbouring structure and deeper than its foundations; or within 6m where deeper systems (e.g., piles) intersect a 45° line from the neighbour’s foundation toe.
- Plans & sections required.
B) Basements and deep excavations
- Adjacent excavation — Section 6 almost always applies (see rules above).
- If a party wall requires underpinning or strengthening, Section 2 also applies (2 months’ notice).
- Line of Junction (Section 1) applies if you construct a new wall up to/astride a boundary that isn’t already a party wall.
C) Loft conversions
- Section 2 (2 months) is commonly triggered where you:
- Cut into the party wall for steel/joist bearings or DPC,
- Cut away projections (e.g., chimney breast, nibs),
- Raise the party wall.
D) Flats and maisonettes
- Section 2 applies to party structures (floor/ceiling between flats).
- Section 6 can be triggered if your works involve excavations affecting the same loadbearing structure/foundations.
- Always map freeholder/long-leaseholder interests to serve everyone who qualifies as an owner.
Timing checklist (at a glance)
- Section 2 (party structures): serve at least 2 months before the proposed start date.
- Section 1 (new walls at boundary) & Section 6 (adjacent excavation): serve at least 1 month before the proposed start date.
- Notices are valid for 12 months from service.
What happens after you serve notice?
- The neighbour has 14 days to consent or dissent (or request more information).
- No reply after 14 days = deemed dissent. You can then issue a 10-day request to appoint a surveyor; if they still don’t respond, a surveyor can be appointed on their behalf under Section 10(4).
Consent → you can proceed (after the statutory notice period elapses), provided the works match the notice.
Dissent (or no reply) → surveyor(s) are appointed and a Party Wall Award will be made, setting out how works proceed lawfully.
FAQs
Do I need planning permission before serving a Party Wall notice?
No. The Party Wall process is separate. You can (and often should) serve once your design is sufficiently developed.
Can a neighbour stop the works by dissenting?
A dissent doesn’t block lawful works; it triggers the surveyor process leading to a binding Award that allows the works to proceed with fair safeguards.
I’m building wholly on my land—do I still need to serve?
Possibly. Section 1 (new wall up to the boundary) and Section 6 (excavations) can both apply even if the wall is entirely on your side.
What if I serve the wrong notice or miss an owner?
That’s an invalid notice—and it can derail your timeline. Correct the defect and re-serve properly.
Who pays?
Usually, the person doing the notifiable works pays the reasonable costs of administering the Act (including the neighbour’s surveyor where appointed).
Keep costs low and momentum high (fixed-fee guide)
- Party Wall Notice service: £25 per adjoining ownership (bundle discounts available)
- 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 side): fixed-fee proposals from £325 for our side (the other surveyor may bill hourly; we work to keep those costs reasonable and contained)
- Complex works (deep excavations, multi-owner blocks): we still offer fixed pricing as above
- No surprises, no creeping extras. You’ll know the number before we start.
Need compliant notices drafted today?
Simple Survey prepares and serves correct, on-time Party Wall notices, identifies the right owners, and keeps your project moving—without overcharging.
Email: team@simplesurvey.co.uk
Simple Survey — fast, lawful, low-cost Party Wall support.