Party Wall Notices: What’s Required (and why a verbal warning isn’t enough)

If you’re planning works that fall within the Party Wall etc. Act 1996, you must serve a written Party Wall Notice on every affected Adjoining Owner before starting. The notice triggers a simple, legal process that protects both sides and keeps projects moving.

When is a Party Wall Notice needed?

Serve notice if your project includes any notifiable works, such as:

  • New walls at or astride the boundary (line of junction) — Section 1
  • Works to party structures (e.g., cutting in for steels, chimney breast removal, raising/underpinning, flashings, exposing a party wall) — Section 2
  • Excavations within 3 m (deeper than your neighbour’s foundations) or within 6 m where the 45° rule is met — Section 6

How neighbours can respond

  • Consent (in writing): Works can proceed once the statutory lead-in has run (you still owe a duty to avoid unnecessary inconvenience and make good any damage).
  • Dissent: Triggers appointment of surveyor(s) and a binding Party Wall Award.
  • No reply in 14 days: Treated as dissent; after a further 10-day request, a surveyor can be appointed on their behalf.

Lead-in periods: 1 month minimum for Sections 1 and 6; 2 months for Section 2. Even with consent, you cannot start before the applicable lead-in elapses.


Can a Party Wall Notice be verbal?

No. Notices must be in writing. A friendly heads-up helps, but only a written, validly served notice engages the Act.


What a valid Party Wall Notice should include

To avoid delays or invalid service, make sure your notice contains:

  1. Dates & signature
    • Date of service and signature (building owner or authorised agent).
  2. Owner & property details
    • Full names and correspondence addresses of the Building Owner(s) and Adjoining Owner(s), plus property addresses.
    • Include all joint owners; serve every relevant freeholder and any leaseholder with >12 months’ interest.
  3. Clear description of the notifiable works
    • State precisely what under the Act you intend to do (e.g., “insert two steel beams into the party wall to form a rear opening,” “excavate for trench-fill foundations within 3 m and deeper than neighbour’s footings”).
  4. Intended start date
    • A start date compliant with the statutory lead-in (or wording such as “no earlier than the expiry of the statutory period”).
  5. Required drawings (where applicable)
    • For Section 6, attach a plan and section showing proposed foundation depths, any underpinning, and whether special foundations are proposed on the neighbour’s land.
  6. Reference to the Act
    • Make clear the notice is given under the Party Wall etc. Act 1996 and cite the relevant section(s).

Serving the notice correctly (Section 15)

Use a permitted method and keep proof:

  • Post to the owner’s usual or last-known residence (keep proof of posting).
  • Personal service (hand to them—not through the letterbox).
  • Email only if the recipient has agreed to electronic service.
  • If ownership is unclear, address to “The Owner” and affix to a conspicuous part of the property (keep photos).

Why consent isn’t the end of protection

Even with written consent, the Building Owner must:

  • Work within the lead-in and any agreed conditions.
  • Make good or compensate for damage caused by Act works.
  • Give access notice (usually 14 days) where access is needed under Section 8.

Want watertight notices without the legal faff?

Email team@simplesurvey.co.uk — Simple Survey are the lowest-cost party wall surveyors across England & Wales. We’ll confirm what’s notifiable, identify every Adjoining Owner, draft and serve valid notices, and (if needed) produce a clear, proportionate Party Wall Award to keep your build on programme.