If you’re planning an extension, loft conversion, basement, or new boundary wall, the Party Wall etc. Act 1996 may require you to serve formal notice on affected neighbours before you start. Here’s a plain-English guide to the three parts of the Act that most often trigger notices—and the minimum lead-in times you must allow.
Section 1 — New Building on the Line of Junction (the Boundary)
Section 1 applies when you intend to construct a new wall at or astride the boundary between your land and your neighbour’s.
- Wall astride the boundary (a “party wall”): You must obtain the Adjoining Owner’s written consent to build half on each side. If they don’t consent within 14 days, you cannot build astride—you’ll have to place the wall wholly on your land instead.
- Wall up to (but not over) the boundary: You can build the wall wholly on your land, right up to the line of junction, subject to the usual constraints in the Act (and planning/building control where applicable).
Notice period: Serve a Line of Junction Notice at least 1 month before the planned start date.
Good to know: Consent to build astride can bring mutual benefits—your neighbour may later use (and pay to enclose on) the new wall if they extend.
Section 2 — Works to a Party Wall / Party Structure / Party Fence Wall
Section 2 grants specific rights to carry out defined works to existing shared structures. Typical notifiable works include:
- Raising a party wall (e.g., to support a loft conversion).
- Underpinning the party wall (common with basements or where stability is in question).
- Demolishing and rebuilding a defective party wall or party fence wall.
- Cutting into a party wall for steel beams, joist hangers, or a damp-proof course.
- Cutting in flashings or weathering where a new wall abuts the party wall.
- Removing a chimney breast or flue from a party wall (cutting away from the wall).
Under Section 2 you must describe the works clearly and follow the Act’s procedure. If your neighbour doesn’t consent, surveyor(s) will agree a Party Wall Award to control how and when works proceed.
Notice period: Serve a Party Structure Notice at least 2 months before the planned start date.
Common pitfall: Vague descriptions (e.g., “loft works”) risk invalid notice.
Section 6 — Adjacent Excavation & Construction
Section 6 protects neighbouring buildings from nearby excavation. You must serve notice where you plan to excavate:
- Within 3 metres of a neighbouring structure and deeper than the bottom of its foundations, or
- Within 6 metres where your excavation would intersect a 45° line drawn downwards from the neighbour’s foundation (the “6-metre rule”).
This commonly catches rear extensions, basement digs, piled foundations, manholes, and drainage runs.
Notice period: Serve a Notice of Adjacent Excavation at least 1 month before the planned start date.
Mandatory drawings: Section 6 notices must include plans and sections showing the location and depth of your proposed excavation relative to the neighbour’s structure. Missing these details will invalidate the notice and reset the clock.
What Happens After You Serve Notice?
Your neighbour has 14 days to respond by consenting or dissenting.
- Consent: You can proceed (after the statutory lead-in) without an Award.
- Dissent (or no reply): A dispute is deemed to have arisen and a Party Wall Award is required—either via an Agreed Surveyor or two surveyors (who nominate a Third Surveyor).
Starting notifiable works without valid notice/consent/Award risks injunctions, delays, and added cost.
Avoid Invalid Notices (and Costly Delays)
Frequent errors include serving the wrong notice type, omitting owner details, using unclear work descriptions, and—under Section 6—failing to include excavation drawings. Any of these can render a notice invalid, forcing you to re-serve and restart the notice period.
Need compliant notices—and a smooth process?
Simple Survey prepares and serves valid Party Wall Notices, handles neighbour communications, and, where required, progresses to a robust Party Wall Award—keeping your build on programme and relations calm.
Email: team@simplesurvey.co.uk
We’ll review your drawings, confirm which sections apply, and serve the right notices—properly and on time.