Planning your construction works is an exciting stage. You’ve pictured the new space, had drawings prepared, maybe even secured planning permission or confirmed that your project is permitted development.
Then the phrase “Party Wall Notice” appears in an email, on a drawing, or from your contractor – and the questions start:
- Does the Party Wall Act really apply to my works?
- Do I actually need to serve a notice?
- What happens if I don’t?
This article sets out the clear warning signs that your works are likely to be notifiable under the Party Wall etc. Act 1996, and therefore that you must serve a Party Wall Notice before works start.
First Principle: If the Works Are “Notifiable”, a Notice Is Not Optional
Under the Act, certain types of works are classed as “notifiable works”. If your project falls into one of these categories, the building owner must serve a Party Wall Notice on all affected adjoining owners.
There is no “work‑around”:
- You can’t contract out of the Act.
- You can’t replace it with a private agreement.
- You can’t rely on a verbal “that’s fine” from next door.
If the works are caught by the Act, a notice is a legal requirement.
Tell‑Tale Sign 1: Your Property Type Shares Walls, Floors or Ceilings
Some property types are far more likely to trigger the Party Wall Act because they physically share structures with neighbours. You should immediately be thinking “Party Wall Notice?” if you live in:
- Terraced houses – sharing walls either side
- Semi‑detached houses – sharing one main flank wall
- Conversion flats – where floors / ceilings are shared between units
- Purpose‑built blocks of flats – with party structures between apartments
- Mews or back‑to‑back properties – with shared rear or side walls
In all these cases, you will often be:
- Cutting into, supporting off, or exposing a party wall
- Working to a party structure (shared floor or ceiling)
- Affecting a party fence wall (shared masonry garden wall)
Any of these will very commonly fall within Section 2 of the Act and trigger the need to serve a notice.
✅ Rule of thumb: If your home physically touches someone else’s, always assume Party Wall procedures may apply and get the works checked by a competent surveyor.
Tell‑Tale Sign 2: You’re Building Up to, or Very Close to, the Boundary
Even if your property is detached, the Act can still apply. You should be thinking about a Party Wall Notice if:
- Your new flank wall is being built up to the boundary line
- You want to build a new wall astride the boundary line (on the line of junction)
- You’re constructing a new garden wall where ownership is shared or unclear
These works fall under Section 1 (Line of Junction) of the Act and will generally require:
- A Section 1 notice at least one month before the works start
- Notice on every adjoining owner whose boundary is affected
If you’re planning a full‑width rear extension, side extension, or new outbuilding running tight to the fence line, it’s a strong warning flag that Section 1 is in play – and that a notice will be needed.
Tell‑Tale Sign 3: Your Works Involve Structural Changes to Shared Walls, Floors or Ceilings
If your works directly involve a shared wall, ceiling or floor, you’re very likely in Section 2 territory. Typical “red flag” works include:
- Chimney breast removal from a party wall
- Steel beams (RSJs) bearing into a party wall for a loft or open‑plan kitchen
- Loft conversions where the party wall is raised or strengthened
- Damp proof course injection into the party wall
- Creating openings in a party structure between flats
- Changing roof covering where it exposes the party wall parapet
All of the above are classic notifiable works under Section 2, meaning:
- A Section 3 notice must be served at least two months before works commence
- All relevant adjoining owners (including long leaseholders) must be notified
If your structural engineer’s drawings, architect’s plans or builder’s scope mention “bearing into party wall”, “cutting into”, “exposing”, “raising” or “underpinning” a shared wall/structure, that’s a very strong tell that a Party Wall Notice is required.
Tell‑Tale Sign 4: Your Excavations Are Within 3m or 6m of a Neighbouring Structure
The Act is not just about walls – it also protects foundations. You should be thinking “Party Wall Notice” if:
- You are excavating for:
- A rear / side extension
- A basement or lower ground floor
- Lightwells, retaining walls or major garden structures
…and any of the following apply:
- You’ll be within 3 metres of any part of your neighbour’s building or structure and deeper than the bottom of their foundations; or
- You’ll be within 6 metres, and your foundation depth will intersect a 45° line drawn down from the underside of their foundations.
These are the classic Section 6 Adjacent Excavation triggers. When in doubt, a party wall surveyor can quickly:
- Assess your drawings and proposed depths
- Compare with the likely depth of your neighbour’s foundations
- Confirm whether a Section 6 notice is required
If you’re digging deeper than your neighbour’s foundations within a few metres of their property, that’s a big flashing sign that Party Wall Notices are not optional.
Tell‑Tale Sign 5: Your Architect or Contractor Mentions “Party Wall” in Writing
A simple but important one: if your architect, structural engineer or builder mentions:
- “Party Wall Act”
- “Party Wall Notice required”
- “Works to party wall / adjacent excavation”
in their written documents or emails, take it seriously.
These professionals will have a feel for:
- When the works obviously fall under the Act
- When surveyor input is needed
- The risk of delay if notices aren’t served promptly
If it appears in writing, assume they see a real legal requirement, not just a tick‑box nicety.
So What Does This All Mean for You?
If any of the above applies, the likely position is:
- Your works are “notifiable” under the Party Wall etc. Act 1996
- You must serve Party Wall Notices on all relevant adjoining owners
- You must do this before works start, allowing for the statutory notice periods
The Adjoining Owner’s Three Response Options
Once valid notices are served, your neighbours have three legal response options:
- Consent to the works (no surveyors, no Award)
- Dissent and appoint their own surveyor
- Dissent and agree to an Agreed Surveyor acting for both owners
Most owners choose one of the dissent options so that a Party Wall Award is put in place to protect their property if damage occurs.
Why Acting Early Helps
- Serving notices late can delay your start date
- Early, clear communication often improves the chances of:
- An Agreed Surveyor appointment (cheaper and quicker)
- Smoother dealings with your neighbour
- Leaving it to the last minute can force a rushed response and increase the risk of a two‑surveyor route and slower progress.
Simple Survey — Here to Confirm If You Really Need a Party Wall Notice
If you’re unsure whether your works are notifiable, the safest step is to have them checked by an experienced, RICS‑qualified party wall surveyor.
At Simple Survey we:
- Review your drawings and proposals quickly and clearly
- Confirm whether the Act applies — and explain why
- Advise on the correct type of notice(s) and timing
- Offer fixed‑fee notice service nationwide
If your works aren’t notifiable, you’ll have written reassurance you can show to your neighbour. If they are, you’ll be ahead of the curve rather than scrambling to catch up.
📧 team@simplesurvey.co.uk
We’re friendly, straight‑talking and focused on keeping the process simple.
Simple Survey — Fixed Nationwide Cost Chart (Guide)
| Service | What’s Included | Fixed Fee (incl. VAT) |
|---|---|---|
| Party Wall Notice (per Adjoining Owner) | Compliance check, drafting, service & response tracking | £25 |
| Agreed Surveyor Award | Single impartial surveyor acting for both owners | £300 |
| Building Owner’s Surveyor Award | Acting for Building Owner in a two‑surveyor route | £300 |
FAQ — Do I Need a Party Wall Notice?
Q1: I’ve got planning permission – doesn’t that cover Party Wall issues?
No. Planning permission and the Party Wall Act are completely separate. You can have full planning approval and still be legally required to serve Party Wall Notices.
Q2: My house is detached – can the Party Wall Act still apply?
Yes. If you are excavating near your neighbour’s foundations or building up to/astride the boundary, the Act can still apply even where no wall is physically shared.
Q3: My neighbour says they’re “not bothered” – do I still need to serve a notice?
If the works are notifiable under the Act, you must serve a notice regardless of how relaxed your neighbour seems. A verbal “it’s fine” doesn’t replace the legal requirement.
Q4: What happens if I don’t serve a Party Wall Notice?
You risk your neighbour seeking an injunction to stop the works and/or claiming damages under common law. You also lose the protection and clarity that a proper Party Wall Award provides for you as building owner.
Q5: Can I serve my own (DIY) Party Wall Notice?
Legally, yes. But if the notice is invalid (wrong parties, wrong content, wrong service method), you may have to start the process again, causing delay. Many owners prefer a surveyor to handle this for a modest fixed fee.
Q6: How do I know for sure if my works are notifiable?
Send your drawings and a brief description of the works to a competent party wall surveyor. At Simple Survey, we review this and explain clearly whether notices are required and, if so, which ones.
If you’re seeing any of the tell‑tale signs above and want to confirm your next steps, drop us a line at team@simplesurvey.co.uk and we’ll give you clear, practical guidance on whether you need to serve a Party Wall Notice — and how to do it properly.