When homeowners get caught out by the Party Wall etc. Act 1996, it’s rarely because the rules are complicated—it’s because the sequence is missed. The quickest way to stay in control is to follow a simple decision path: what work are you doing, which notice applies, what does the neighbour do next, and what happens if they don’t consent.
Step 1: Identify which type of work you’re doing
Most domestic projects fall into one (or more) of these four triggers. Each trigger maps to a specific notice.
A) Works to an existing party wall
If your works affect an existing party wall, you will typically need to serve a Section 3 Notice and allow a minimum of 2 months before works commence.
B) Constructing a new wall at the boundary line (line of junction)
If you are building a new wall at the line of junction, you will typically need a Section 1 Notice and allow a minimum of 1 month before works commence.
C) Excavations within 3 metres and below the neighbour’s foundations
If you are excavating within 3 metres of a neighbouring building and your excavation will be lower than their foundations, you will typically need a Section 6(1) Notice and allow a minimum of 1 month.
D) Excavations within 6 metres that intersect the 45° line
If you are excavating within 6 metres and the excavation “falls within” the 45° downward line drawn from the bottom of the neighbour’s foundations, you will typically need a Section 6(2) Notice and allow a minimum of 1 month.
Practical point: more than one of these can apply on the same job, meaning more than one notice may be required.
Step 2: The adjoining owner has 14 days to respond
Once notice(s) are served, the adjoining owner has a 14-day period to respond in writing by either consenting or dissenting.
If written consent is received
If the adjoining owner provides written consent, you can usually proceed once the relevant notice period has expired (subject to any other statutory requirements for your project).
If written dissent is received
If the adjoining owner dissents, surveyor appointment follows. The adjoining owner may either:
- appoint their own surveyor, or
- agree to use the same surveyor as an Agreed Surveyor (one impartial surveyor for both owners).
If there is no response
If the adjoining owner does not respond, the matter moves into the formal route. The adjoining owner must then appoint a surveyor within a further short window. If they still do not engage, a surveyor can be appointed on their behalf under Section 10(4)—meaning they may lose free choice of surveyor.
Step 3: Surveyor route → Party Wall Award → then works proceed
Where consent is not provided, party wall surveyor(s) conclude matters by agreeing and issuing a Party Wall Award. Once the Award is issued to both parties, you can proceed with the notifiable works on a clear statutory footing.
Why this flow matters (and how owners lose control)
Most delays and disputes happen when owners:
- serve the wrong notice (or serve it too late),
- assume “no reply means yes” (it doesn’t), or
- lock a contractor start date without allowing for notice periods and the neighbour’s response window.
The simplest project management rule is: programme party wall early and plan for dissent. If consent arrives quickly, great—your timeline improves. If it doesn’t, you’re still in control.
Get Cost Saving Pro Advice Now
If you want this handled properly—correct notice selection, correct timing, clear neighbour communication, and a controlled route to Award where needed—contact Simple Survey. We keep party wall matters straightforward and cost-controlled, and we aim to be the UK’s cheapest party wall surveyors without compromising professional standards.