If your project could affect a shared wall, boundary or nearby foundations, the Party Wall etc. Act 1996 sets out a clear, step-by-step path from first notice to starting work. Here’s a practical walkthrough that keeps you compliant, on programme, and on good terms with next door—without the jargon.
1) Confirm your works are notifiable
The Act is triggered by three broad categories:
- Section 1 – new walls at the boundary (up to or astride the line of junction).
- Section 2 – works to party structures (e.g., cutting into, raising, demolishing/rebuilding, removing projections).
- Section 6 – excavations within 3 m (or 6 m for deep foundations) that go deeper than neighbouring foundations.
If none of the above apply, the Act may not be engaged. If they do, carry on to notices.
2) Identify every owner you must notify
“Owner” in the Act is wider than you might think. It includes:
- The freeholder, and
- Any leaseholder with a lease longer than 12 months.
For buildings split into flats, this can mean notifying the freeholder and multiple long-leaseholders. Getting the addressees right is critical for validity.
3) Choose the correct notice type and timing
There are three notice types, matching the sections above:
- Line of Junction Notice (s.1) — minimum 1 month before works.
- Party Structure Notice (s.2) — minimum 2 months before works.
- Notice of Adjacent Excavation (s.6) — minimum 1 month before works.
Tip: If your project involves more than one section, serve combined notices or parallel notices—just ensure each section’s mandatory content and its minimum lead time are met.
4) Draft valid notices (no shortcuts)
A valid notice will always include:
- Your and your neighbour’s names and service addresses.
- The property addresses affected.
- A clear description of the notifiable works (link each item to the relevant section).
- The proposed start date (respecting the minimum lead time).
- For s.6 excavation notices, plans and sections showing location and depth relative to neighbouring foundations.
Avoid vague descriptions. If it’s not clear, it’s at risk of being invalid.
5) Serve the notice properly
Acceptable service routes include:
- In person (handed to the owner);
- Post to the owner’s usual or last-known UK address;
- Email only where the recipient has agreed to electronic service.
If you don’t know who owns a property, the Act allows service to “The Owner” by fixing the notice to a conspicuous part of the premises.
6) Manage responses and the 14-day clock
Once served, your neighbour has 14 days to reply:
- Consent in writing → you can proceed after the notice period has run (and any other statutory prerequisite dates are met).
- Dissent with an Agreed Surveyor → one impartial surveyor acts for both owners.
- Dissent with separate surveyors → each owner appoints a surveyor; those surveyors must forthwith select a third surveyor.
No reply? After 14 days you can issue the 10-day request. If there’s still no response, the Act allows a surveyor to be appointed on the non-responding neighbour’s behalf so the process can continue.
7) Appointments and the third surveyor safety-net
- Appointments must be in writing and cannot be rescinded (the Act requires continuity).
- If two surveyors are appointed, they must promptly select a third surveyor. The third is only called upon if needed to determine a specific disagreement.
8) The Party Wall Award: scope and effect
Where there’s a dissent, the surveyor(s) resolve the dispute by issuing a legally binding Award. An Award typically determines:
- What notifiable works may be done (and any conditions).
- How and when they must be executed (e.g., working hours/environmental controls).
- Access arrangements under s.8 (what’s allowed, notice periods, protections).
- Security for Expenses under s.12 where appropriate (how much, how held, when released).
- Costs under s.10(13) (who pays which reasonable fees).
Awards are served on both owners. There is a 14-day right of appeal to the County Court.
9) When can works start?
You can break ground when all of the below are true:
- The relevant notice period(s) have fully run (or been formally waived in writing).
- Any Award has been properly served and the decision taken either not to appeal or the 14-day appeal window has expired.
- Any pre-start requirements in the Award (e.g., security for expenses) are satisfied.
Remember: a Party Structure Notice (s.2) must be served at least 2 months before the proposed start. Plan your programme around that longstop.
10) During the works
The Act expects works to be carried out with due diligence and without unnecessary inconvenience. Keep neighbours informed, adhere strictly to Award conditions (including any access logistics), and maintain clean, safe working areas—this is as much about programme certainty as it is courtesy.
11) Variations and design changes
If your design changes in a way that affects the notifiable scope (e.g., a deeper excavation, a different interface with the party wall, or additional notifiable elements), you may need:
- A further or amended notice, and/or
- An addendum Award to authorise the variation.
Flag proposed changes to the surveyor(s) early to avoid stop-start on site.
12) Fees and who pays
As a rule, the person benefiting from the works pays the reasonable costs of administering the procedures (notices, surveyor time, and the cost of any third surveyor determination if needed). Fixed-fee models can help you forecast spend; hourly rates are common for separate-surveyor routes.
Quick FAQs
How long do notices “last”?
A Party Structure Notice effectively expires if the works haven’t begun within 12 months of service. Similar 12-month expectations are commonly mirrored in Awards (check your wording).
Can I email a notice?
Only if the recipient has agreed to receive documents electronically. Otherwise, use post or personal service.
What if my neighbour won’t engage at all?
The Act anticipates non-response. After the 14-day and 10-day requests, a surveyor can be appointed on their behalf so the process can continue lawfully.
Do I need a notice if I’m building wholly on my land?
Often yes, if you’re within 3 m (or 6 m for deep foundations) and deeper than their foundations (s.6), or if you intend to build up to the boundary (s.1). The test is the type and proximity of works, not land ownership alone.
What if we both agree to proceed informally?
Private side-agreements don’t disapply the Act. If the Act is engaged, follow it. You’ll preserve statutory rights (like access) and reduce legal risk.
Want a smooth, compliant path from notice to site?
Simple Survey specialises in fast, watertight Party Wall paperwork:
- Party Wall Notice service: £25 per adjoining ownership (bundle discounts).
- Agreed Surveyor route: typically £300 fixed-fee, subject to scope/owner count.
- Two-surveyor route (we act for the building side): fixed-fee proposals from £325 for our side—while we work to keep the other surveyor’s hourly fees proportionate.
- Complex schemes (deep excavations, multi-owner blocks): we still offer fixed pricing and clear scopes.
No surprises. No creeping extras. You’ll know the number before we start.
Get your Party Wall process moving today:
Email team@simplesurvey.co.uk and we’ll set out the exact notices, timings, and a fixed-fee plan to get you from paperwork to programmed start—cleanly and quickly.