If you are planning alterations or an extension to a residential property, it may be necessary to serve a Party Wall Notice. The Party Wall etc. Act 1996 sets out the circumstances in which such notices are required, generally falling into three categories:
- Works directly affecting a party wall or structure
- Excavations near a neighbouring property
- Construction of a new wall along a boundary line
A summary of each category is provided below.
1. Works Affecting a Party Structure
Pursuant to Section 2(2) of the Act, these works involve alterations or modifications to an existing party wall, party fence wall (shared garden wall), or other adjoining structures. Examples include:
- Raising or underpinning a party wall, for instance during loft conversions or basement extensions
- Repairing or rebuilding a defective wall, with costs shared according to usage and cause of damage
- Demolishing and reconstructing a weak wall, though generally avoided due to expense and disruption
- Cutting into a party wall for structural elements such as beams, damp-proof courses, or flashings
- Removing projections, including chimney breasts or footings that obstruct construction
- Adjusting overhanging components such as gutters, soffits, or coping stones to accommodate extensions
- Installing weatherproofing, including flashings when building against a neighbour’s wall
- Connecting a new structure to a party wall
- Raising or rebuilding a shared garden wall, commonly during side-return extensions
- Reducing wall height to no less than 2 metres, unless otherwise agreed
- Exposing a party wall as part of structural alterations, requiring protection from weather
Notice period: 2 months
2. Excavations Near a Neighbouring Building
Under Section 6 of the Act, notice is required if excavations could affect the foundations of a neighbouring property, even when all digging occurs on your own land. This applies when:
- Excavations occur within 3 metres of a neighbouring structure to a depth below their foundations
- Excavations occur within 6 metres and intersect with a line drawn at a 45° angle from the neighbour’s foundations, which is often relevant for piled foundations
Notice period: 1 month
3. Construction of a New Wall Along the Boundary
Pursuant to Section 1 of the Act, notices are required when building a new wall on or near a boundary line. This includes:
- Constructing a wall up to the boundary line, fully on your property
- Constructing a wall astride the boundary line, partly on both properties, which requires the neighbour’s consent
Common reasons for this type of work include:
- Maximising space in a rear extension by building astride the boundary
- Replacing a fence or hedge with a permanent wall for privacy and reduced maintenance
Notice period: 1 month
Unlike Sections 2 and 6, there is no automatic dispute if the neighbour does not respond. If the proposed wall is entirely on your property and no response is received within one month, you may proceed.
Assistance with Party Wall Notices
Determining whether your works fall within the scope of the Party Wall etc. Act 1996 can be complex. Errors may result in delays or disputes with neighbouring property owners.
At Simple Survey, we provide expert guidance and manage the full process — from serving notices to preparing Party Wall Awards — allowing you to proceed with confidence. We offer competitive rates as some of the most affordable Party Wall Surveyors in the UK.
📩 Contact us at team@simplesurvey.co.uk to commence your project with confidence.