Getting Party Wall timings right is the difference between a smooth start on site and an avoidable delay. The Party Wall etc. Act 1996 sets out clear clocks: how early you must notify, how long neighbours have to respond, when a dispute is deemed to arise, and how long your notice/award remains “live.” Below is a practical, plain-English guide to every key deadline—plus the common pitfalls that catch projects out.
Why timings matter
- Programme certainty: Mistiming can push your start date back by weeks.
- Cost control: Late or incorrect notices often lead to emergency paperwork or redesigns.
- Neighbourly relations: Rushed, last-minute service invites suspicion and dissent.
- Legal compliance: Courts and surveyors rely on the Act’s clocks; ignoring them risks injunctions and extra fees.
The statutory lead-ins (how early to serve)
The minimum notice periods depend on which section(s) of the Act your works fall under:
- Section 1 – New walls at (or astride) the boundary: At least 1 month before the works are due to start.
- Section 2 – Works to party structures (party walls, party fence walls, party floors/ceilings): At least 2 months before the works are due to start.
- Section 6 – Adjacent excavation (within 3m/6m and deeper than adjoining foundations): At least 1 month before the works are due to start.
Tip: Serve earlier than the minimum to build goodwill, allow questions to be answered, and keep your programme flexible.
Service rules & “deemed service”
You can serve by post, by hand, or email (email requires the recipient’s express consent to electronic service). If posting First Class, service is generally deemed to occur two days after posting—use a proof of posting.
If you don’t know the owner (e.g., unregistered or recently sold), you may address to “The Owner” and fix the notice to a conspicuous part of the premises.
Response windows (what happens after service)
From receipt of a valid notice, the adjoining owner has 14 days to reply in writing:
- Consent, or
- Dissent & appoint an Agreed Surveyor, or
- Dissent & appoint their own surveyor.
If there is no reply within 14 days, the Act treats the matter as a deemed dispute. The building owner must then serve a further 10-day request (often called a “10(4) notice”). If there is still no response after those 10 days, the building owner may appoint a surveyor on the neighbour’s behalf (not the same as their own).
Days vs months: The 14 days + 10 days are calendar days. Weekends count; bank holidays typically do not—plan accordingly.
How long is a notice “valid”?
A notice does not give permanent permission. In broad terms:
- For party structure notices (Section 2), if the works have not begun within 12 months of the date of service or are not prosecuted with due diligence, the notice ceases to have effect.
- In practice, many projects follow the same 12-month expectation to commence even for Section 1 and 6 pathways (or, where a Party Wall Award is made, within 12 months of service of the award, unless the award states otherwise).
If your design changes materially, expect to serve fresh notices (or agree an addendum award where appropriate).
Appeals & post-award timings
Once a Party Wall Award is served, either owner has 14 days to appeal to the County Court. Appeals are rare, but if they happen they can affect start dates—so avoid programming critical activities inside that 14-day window unless expressly agreed.
Common pitfalls to avoid
- Serving too late: You cannot contract out of the minimum notice periods without the adjoining owner’s agreement.
- Serving the wrong people: In blocks or converted houses, you must identify freeholders and any leaseholders with >12-month interests.
- Vague descriptions: Notices must describe the notifiable elements clearly (and include plans/sections for Section 6).
- Assuming astride consent: Building astride the boundary requires written consent. No consent = build wholly on your land under Section 1(5).
- Ignoring the 14+10 day pathway: Non-response isn’t a dead end; the Act provides a route to keep projects moving.
Typical costs (guide)
We keep timing tight and costs predictable:
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted).
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee, depending on complexity and number of notices/owners.
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side. (The Adjoining Owner’s surveyor often bills hourly; we work to keep those costs reasonable and contained.)
- Complex works (deep excavations, multi-owner blocks): we’ll still offer the fixed pricing as above.
- No surprises, no creeping extras. You’ll know the number before we start.
FAQs
When should I serve notices relative to my build programme?
Work backwards from your earliest site start. Add the statutory lead-in (1–2 months), response windows (14 + 10 days if needed), and reasonable time for award preparation and the 14-day appeal. Serving 8–12 weeks before your desired start is a good rule of thumb for straightforward domestic schemes.
Do weekends count in the 14- and 10-day response windows?
Yes—those are calendar days. Bank holidays typically do not. If timing is tight, serve earlier.
Can email save time?
Only if the adjoining owner has agreed to receive documents electronically. Otherwise, use post/hand service and rely on deemed service rules.
What if my neighbour consents—can I start immediately?
You must still respect the statutory notice period unless the neighbour expressly waives it in writing. Even with consent, keep an eye on any local working-hours rules and access arrangements.
We changed the design after serving notices—now what?
Material changes to notifiable elements usually require fresh notices (or an addendum award). Flag changes early to avoid reset delays.
How long do I have to start after notice/award?
As a practical rule, aim to commence within 12 months of the relevant notice/award. Let it drift farther and you may need to re-serve.
Need your timings mapped and notices out today?
We’ll review your drawings, confirm precisely which notices you need, who must receive them, and when you can lawfully start—then serve clean, compliant notices same or next working day.
Email team@simplesurvey.co.uk
Simple Survey — fast, correct, low-cost Party Wall compliance, nationwide.