Getting your Party Wall paperwork out at the right moment is the difference between a smooth start on site and an avoidable delay. Here’s a clear, no-fluff guide to when to serve, how early you can move, and what to have ready so neighbours (and surveyors) can progress without drama.
The statutory clock (what the Act requires)
The Party Wall etc. Act 1996 sets minimum notice periods based on the type of work:
- Section 2 – Works to a party wall/party structure/party fence wall:
Serve at least 2 months before the intended start. - Section 1 – New wall at or astride the boundary (line of junction):
Serve at least 1 month before the intended start. - Section 6 – Adjacent excavation (within 3m or 6m, deeper than foundations):
Serve at least 1 month before the intended start.
Notices are valid for 12 months from service. If you haven’t started within that window—or if ownership next door changes—you’ll need to re-serve.
Tip: Surveyors can’t “waive” statutory notice periods unless the adjoining owner expressly agrees. Always check if neighbours have time-sensitive reasons to prefer a later start (exams, big garden events, etc.).
How early can you serve?
Sooner than most people think. Only Section 6 (excavation) must include plans and sections showing location and depth of the dig. Sections 1 and 2 don’t legally require drawings, provided the notice states the nature and particulars of the works and a proposed start date.
Example (loft conversion):
Even before detailed drawings are complete, a valid Party Structure Notice could read along the lines of:
“Cut pockets into the party wall to insert beams to facilitate a loft conversion and rear dormer.”
Start date: “Two months from the date of this notice, or earlier by agreement.”
That said, clarity wins consent. Most neighbours are more comfortable responding when they can see what’s planned. If you can, line up at least outline drawings—even for Section 1 or 2—so the notice lands well.
The gold-standard sequence (that avoids friction)
- Informal conversation first
A quick chat and a simple explanation (“rear extension with standard trench foundations”, “loft with steels into the party wall”) goes a long way. It also helps you separate planning permission from Party Wall procedures, which are often confused. - Serve notices once drawings are coherent
You can serve earlier, but sending notices with clear, consistent drawings typically speeds responses. For Section 6, include plans & sections of the excavation. - Allow the process to breathe
After service, your neighbour has 14 days to consent or dissent (or ask questions). No reply after 14 days is deemed dissent, and the dispute-resolution route under Section 10 begins.
What if you’re on a tight timeline?
- Front-load clarity. The clearer the scope and programme, the faster your neighbour can respond.
- Serve the right notice(s). If more than one section applies (e.g., Section 2 and Section 6), serve both at the same time.
- Get the ownership list right. In flats and long leases, there may be multiple “owners” (freeholder and long leaseholders) who must each be notified. Missing someone can force you to start over.
Common timing mistakes (and quick fixes)
- Serving too late: You can’t compress statutory periods after the fact. Serve as early as practical.
- Serving without required drawings (Section 6): Include plans & sections showing depth and position of the excavation relative to neighbouring structures.
- Underspecifying the works: Vague notices invite questions and stalls. Use plain-English descriptions that match your drawings.
- Missing an owner: Re-serve correctly as soon as the error is spotted.
FAQs
Q: Can I serve before I get planning permission?
Yes. Party Wall is independent of planning. Many owners serve once the design is sufficiently defined.
Q: Can the neighbour agree to start sooner than the notice period?
Yes, if they expressly agree in writing. Keep that agreement with your project records.
Q: Do I need drawings for Section 1 or 2 notices?
Not legally, but they’re strongly recommended. For Section 6, drawings are mandatory.
Q: What happens if there’s no reply after 14 days?
That’s deemed dissent. You can then issue a 10-day request to appoint a surveyor; if there’s still no reply, a surveyor can be appointed on their behalf under Section 10(4).
Q: Who pays the Party Wall costs?
Usually the person undertaking the notifiable works pays the reasonable costs of the procedure.
Transparent, fixed pricing (so timing doesn’t cost you extra)
- 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 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 your notices out—correctly and quickly?
Simple Survey drafts and serves compliant Party Wall notices, identifies the right owners, and keeps the process moving so your work can start on time.
Email: team@simplesurvey.co.uk
Simple Survey — faster notices, fewer delays, lower cost.