If you’re a building owner planning work that falls under the Party Wall etc. Act 1996, it’s vital that your notices are accurate, clear, and compliant with the Act. There are three main types of notices, and each has specific requirements.
Failing to provide the correct information—or using vague descriptions—can render the notice invalid, delay your project, or even lead to disputes.
1. Section 1 – Line of Junction Notice
This notice is required when you intend to:
- Build a new wall on the boundary between your property and your neighbour’s land (the “line of junction”), or
- Construct a new party wall that will sit astride the boundary (subject to your neighbour’s consent)
What the notice must include:
- Full names of the building owner and adjoining owner(s)
- Addresses of the relevant properties
- Clear description of the proposed wall, including:
- Position on the site (ideally shown on a drawing)
- Length, height, materials (e.g. brick, block, render)
- Intended finish
- A statement of intent to build under Section 1(2) or 1(5) of the Act
- The proposed start date, which must be at least 1 month from the date of notice
2. Section 3 – Party Structure Notice
Serve this notice when you intend to carry out work to an existing party wall or party fence wall. This includes cutting into the wall, inserting beams, increasing height, or removing chimney breasts.
Required information:
- Full names of both the building owner and adjoining owner(s)
- Addresses of the relevant properties
- A detailed description of the works (the “nature and particulars”), for example:
“To cut into the party wall to insert a concrete padstone and steel beam at first-floor ceiling level.”
- Reference to relevant rights under Section 2 of the Act
- A proposed start date, which must be at least 2 months after the notice is served
3. Section 6 – Adjacent Excavation and Construction Notice
This notice is served when you intend to excavate:
- Within 3 metres of your neighbour’s structure and deeper than their foundations, or
- Between 3–6 metres, and your excavation will intersect a 45-degree line drawn from the bottom of their foundations
The notice must include:
- Full names of the building owner and adjoining owner(s)
- Addresses of the relevant properties
- The proposed start date (minimum of 1 month from service)
- A statement confirming whether you intend to underpin, strengthen, or safeguard the adjoining owner’s foundations
- Plans and cross-sections showing:
- The location and depth of the proposed excavation
- The site of the building or structure, if applicable
❗ A notice under Section 6 is automatically invalid if it does not include the safeguarding statement.
General Notes
- If you cannot identify the adjoining owner(s) despite reasonable efforts (e.g. Land Registry searches), you may address the notice to “The Owner”.
- Drawings and plans are not legally required but are strongly recommended. They help clarify your intentions and reduce the risk of disputes.
Serving the Notice
Under Section 15 of the Act, there are specific methods by which notices must be served. These include personal delivery, posting to the property, or leaving it at the property address. Improper service may render the notice invalid. We’ll cover serving methods in more detail in an upcoming article.
Need Help Drafting or Serving Your Notice?
A poorly drafted notice can delay your project or lead to legal challenges. We can help ensure your notices meet all legal requirements.
Contact us at team@simplesurvey.co.uk
Our team is here to guide you through every step of the process.