This is one of the most common questions we are asked here at Simple Survey. The timing of a party wall notice is important not only because it needs to align with the proposed start date of the project, but also because it must take account of the statutory notice periods set out under the Party Wall etc. Act 1996.
In simple terms, the relevant notice period must expire before works can lawfully begin, unless the adjoining owner expressly agrees to waive that period. This means that building owners need to plan ahead carefully. If notices are served too late, the project can be delayed unnecessarily, even where the design, contractor and funding are all otherwise in place.
Understanding the Statutory Notice Periods
Different types of party wall works carry different statutory notice periods.
For section 1 and section 6 notices, the statutory notice period is one month.
For section 2 notices, the statutory notice period is two months.
This means that, depending on the nature of the proposed works, the building owner must serve the notice sufficiently far in advance of the intended start date. If they do not, they may find themselves unable to begin work until the notice period has expired, unless the adjoining owner agrees that works may commence earlier.
What Are Section 1, Section 2 and Section 6 Works?
A brief explanation of the three categories is helpful.
Section 1 Works
Section 1 relates to the construction of a new wall up to, or in some circumstances astride, the boundary line. In practical terms, this most commonly arises in relation to the flank wall of an extension.
Section 2 Works
Section 2 applies to works directly affecting a party wall, party structure or party fence wall. This commonly includes loft conversions, internal structural alterations, the demolition and rebuilding of shared garden walls, and works to floors or ceilings separating flats or maisonettes.
Section 6 Works
Section 6 deals with adjacent excavation. These notices are commonly required where a building owner is excavating for a rear or side extension, underpinning works, basement works, or certain internal structural alterations involving pad foundations.
Why Timing Matters
One of the most common errors we see at Simple Survey is where a building owner leaves party wall matters too late.
This often happens when the wider project is already moving forward. The contractor has been instructed, the contract has been signed, and the owner is ready to start on site — only to discover that the party wall notice has not yet been served, or that the notice period has not yet expired.
That can create significant and unnecessary pressure. It may also delay the start of the works, despite the fact that all other elements of the project are ready to proceed.
What If the Notice Has Been Served Late?
If a building owner finds themselves in this position, the first point is not to panic.
In many cases, adjoining owners are willing to waive the statutory notice period and allow works to begin earlier. Whether that happens will often depend on how the matter has been managed, how clearly the works have been explained, and whether the adjoining owner’s concerns have been properly addressed.
A good party wall surveyor can often assist with this by ensuring that the adjoining owner is given clear information, that their concerns are dealt with pragmatically, and that any award is progressed efficiently.
In our experience, party wall surveyors will often be open to works commencing sooner rather than later, provided that the process has been handled properly and the circumstances are suitable.
When Might an Adjoining Owner Refuse to Waive the Notice Period?
Although it is relatively uncommon, there are situations where an adjoining owner may choose not to waive the statutory notice period.
This is usually for practical and personal reasons, rather than because they are seeking to be difficult. Examples we have encountered include situations where children are revising for important school examinations, where the adjoining owner has planned works of their own, or where they do not want disruptive construction works to begin during the summer months when they expect to use their garden more frequently.
These scenarios are unusual, but they do happen. That is why building owners should not assume that the statutory notice period will always be shortened or waived.
The Best Time to Serve a Party Wall Notice
The best time to serve a party wall notice is, quite simply, as early as possible.
Once you know that planning permission has been granted, permitted development applies, or you are otherwise committed to progressing the works, that is usually the right time to begin the party wall process.
Serving notice early gives everyone — owners and surveyors alike — the opportunity to deal with the matter properly and without unnecessary pressure. It avoids last-minute delays, frantic updates to drawings, rushed responses, and the avoidable stress that often comes from leaving things too late.
In short, early service helps the entire process run more smoothly.
Why Early Advice Makes a Difference
At Simple Survey, we always encourage building owners to take advice at the earliest sensible stage. Doing so helps ensure that notices are served correctly, on the right parties, and at the right time. It also gives the best possible chance of the matter being dealt with efficiently and without disruption to the wider programme of works.
Party wall issues are often straightforward when managed early. They become far more difficult when they are left until the contractor is ready to start and the pressure is already on.
Get in Touch
At Simple Survey, we are proud to offer some of the most competitive fees in the market, with party wall notice fees starting from just £35 plus VAT and party wall award fees starting from just £300 plus VAT.
If you would like the support of an experienced team of surveyors with more than 10 years’ experience and thousands of party wall instructions completed across England and Wales, get in touch with us today at team@simplesurvey.co.uk.
We would be very happy to assist.