If you’re planning an extension, loft conversion, internal steelwork, or any structural alteration close to a neighbour, the Party Wall etc. Act 1996 likely applies. The Act lets you carry out lawful works—including limited access onto neighbouring land where necessary—while protecting your neighbour’s property and setting out how any dispute is resolved through a Party Wall Award.
Below is a clear guide to when you must serve a Party Structure Notice, what it must contain, how neighbours can respond, and when an Award is required.
When a Party Structure Notice is required
You must serve a Party Structure Notice (Section 3) on each affected Adjoining Owner when your works involve the shared structure, for example:
- Cutting into a party wall to seat beams (typical for loft conversions or removing loadbearing walls).
- Inserting a damp-proof course, even if only on your side of the wall.
- Raising a party wall (and cutting off projections that obstruct the raise).
- Demolishing and rebuilding a party wall or party fence wall (a masonry garden wall astride the boundary).
- Underpinning a party wall or party fence wall.
- Weathering the junction between independent but adjoining walls (e.g., cutting in flashings as part of an extension).
Typical scenarios include a loft conversion (steel beams into the party wall) and a rear extension (raising, rebuilding, or weathering a shared or boundary wall).
What is a party wall?
It’s the wall shared by two properties (terraced, semi-detached, or flats). A masonry garden wall astride the boundary is a party fence wall. Where a wall separates buildings of different sizes, only the shared portion is “party”; the rest belongs to the owner on whose land it stands.
Timing: when to serve the notice
Serve your Party Structure Notice at least two months before the intended start of notifiable works. In urban settings, your project may affect several Adjoining Owners (e.g., freeholder and long leaseholder in flats, or multiple neighbours). You must serve each one correctly. If a title is leasehold, serve both freeholder and relevant long leaseholder(s).
What a valid Party Structure Notice must include
To be valid under the Act, the notice should contain:
- Building Owner’s full name(s) and service address
Use Land Registry/Companies House details where applicable. - Adjoining Owner’s full name(s) and address
Again, verify via Land Registry/Companies House where relevant. - Nature and particulars of the proposed works
A clear, plain-English description is essential. While drawings are not mandatory for a Party Structure Notice, it is good practice to enclose the latest plans—neighbours and their surveyors are more likely to respond quickly when they can see what’s proposed. - Proposed start date
Confirm you will not start notifiable works until the two-month statutory period has elapsed, unless the Adjoining Owner agrees in writing to an earlier start. - Surveyor details (optional but sensible)
You may list your preferred surveyor so your neighbour can consider appointing them as the Agreed Surveyor if they dissent.
Tip: Proof of service matters. Date the notice, keep copies, and use a service method recognised by the Act (hand delivery, post, or email only if the recipient has agreed to email service).
How neighbours can respond (14-day window)
Once served, the Adjoining Owner has 14 days to reply:
- Consent in writing – You can proceed with notifiable works after the statutory lead-in (or earlier if they expressly agree).
- Dissent & Agreed Surveyor – Both owners appoint one impartial surveyor to make a Party Wall Award.
- Dissent & separate surveyors – Each owner appoints their own surveyor; those two select a Third Surveyor (only used if the first two can’t agree).
If your neighbour doesn’t reply within 14 days, the Act deems a dissent, and the surveyor route must be followed before notifiable works begin.
When a Party Wall Award is needed—and what it does
If there’s a dissent (explicit or deemed), the appointed surveyor(s) must make a Party Wall Award before any notifiable works start. The Award:
- Confirms the time and manner in which works may proceed.
- Records any reasonable protections and working arrangements.
- Sets a clear protocol for dealing with issues under the Act while works are underway.
The Award is a binding legal document. Starting notifiable work without either written consent or a valid Award risks injunctions, delay, extra cost, and strained relations.
Common pitfalls that invalidate notices
- Serving the wrong notice type (e.g., using a Section 3 Party Structure Notice when the real trigger is excavation under Section 6, which does require drawings).
- Missing or incorrect owner details (e.g., failing to serve both freeholder and long leaseholder).
- Vague descriptions that don’t explain the notifiable work.
- Poor service (no date, no proof of delivery, or emailing without prior consent).
Invalid notices waste time and can force you to re-serve and restart the clock. If you’re unsure, get help drafting and serving them properly.
Not sure if you need a Party Structure Notice?
If your works touch the shared wall—cutting in beams, raising, rebuilding, damp proofing, underpinning, or weathering—you almost certainly do. If you’re planning a rear extension or loft conversion and aren’t sure which notices to serve (and on whom), it’s faster and safer to get professional guidance than to risk invalid service.
Need compliant notices and a smooth process?
Simple Survey drafts and serves valid Party Wall Notices, advises on the correct notice types, and keeps communication friendly and clear so you stay on programme. If a dissent arises, we progress matters efficiently to a robust Party Wall Award.
Email: team@simplesurvey.co.uk
We’ll review your plans and get the right notices out—properly and on time.