Party Wall Notices Stay in Control

At Simple Survey, we treat the Party Wall Notice as the foundation of the entire process. If it is drafted correctly, served correctly, and timed correctly, everything downstream becomes calmer and more economical. If it is vague or mis-served, the process becomes reactive: neighbours become cautious, surveyor appointments become more likely, and the project programme starts to wobble.

A “party wall notice” is not one single document. It is the umbrella term people use for several notices served under the Party Wall etc. Act 1996, depending on what you are doing. In practical terms, the Act captures three broad categories of work:

  • Building a new wall at or astride the line of junction (commonly discussed under Section 1)
  • Works to an existing party wall or party structure (rights set out in Section 2, with the notice requirement set out in Section 3)
  • Certain excavations near a neighbour’s building or structure (set out in Section 6)

The practical point is this: a notice is only “valid” if it matches the correct category and contains the essential information. For example, where a party structure notice is required, the notice must state the building owner’s name and address, describe the nature and particulars of the proposed work, and state the date the work will begin. Where special foundations are proposed, additional detail may be required. If a homeowner is tempted to keep things too short, the risk is predictable: the adjoining owner cannot properly understand what is proposed and, unsurprisingly, is less inclined to consent in writing.

Service is equally important. In many households, “the neighbour” is not a single person. You may need to serve more than one legal owner, particularly where property is owned jointly, held on long leases, or managed through a company structure. A common cause of delay is discovering, late in the day, that the notice has been served on the occupier rather than the legal owner entitled to receive it. When that happens, the statutory clock may need to start again.

Timing is where programmes are most often damaged. The Act contains minimum notice periods and response windows. Your contractor’s availability does not shorten them. If your notice is served late, you will almost always feel the consequences at the worst moment—when you are ready to start. The disciplined approach is to integrate notices into the design and planning phase, once the proposals are stable enough to describe properly.

Once served, the adjoining owner has options. They may consent in writing. They may dissent. Or they may not respond. The final option is where many building owners trip: you cannot safely assume that silence equals agreement. In practice, a lack of written consent usually means the matter must move into the Act’s dispute-resolution machinery so that the project has a lawful footing before works proceed.

You should also be aware of counter-notices. An adjoining owner may serve a counter-notice requesting additional works for their benefit, within the scope of the Act. That does not mean you must agree to everything requested, but it does mean you must handle it properly rather than ignoring it.

From Simple Survey’s perspective, the “secret” to smooth notices is professional restraint: clear wording, correct categorisation, accurate service, and realistic programme timing. The best notice reads like competent project administration—neither confrontational nor casual. It signals that you take your obligations seriously and that you intend to proceed lawfully.

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If you want your notices drafted and served properly, first time, contact Simple Survey. Our notice service starts from £25 per adjoining ownership, with agreed surveyor administration typically £300, depending on complexity and owners.