When carrying out construction that affects shared walls, the Party Wall etc. Act 1996 is a key piece of legislation in England and Wales. One critical requirement under this Act is the Party Structure Notice, which ensures that neighbouring property owners are informed and protected before work begins.
What is a Party Structure Notice?
A Party Structure Notice is a formal notification sent to all affected neighbours when construction involves:
- Working on an existing party wall or party fence wall
- Excavating close to a neighbouring property
- Building a new wall on or astride the legal boundary
- Removing or altering structural features such as chimney breasts
- Temporarily exposing a party wall during construction
For projects like loft conversions, underpinning, or extensions affecting shared walls, the notice provides neighbours with the opportunity to consent or dissent to the proposed works.
Legal Requirements
- Notice period: At least 2 months before starting work on an existing party wall or party fence wall. Excavations near foundations require 1 month.
- Neighbour response: The adjoining owner has 14 days to respond; failure to respond is treated as dissent, triggering the dispute resolution process.
- Contents: The notice must include:
- Names and addresses of all building owners
- Date of the notice and proposed start date
- Description of works and technical plans/drawings
- Signature of the building owner(s)
A correctly drafted and served notice is critical for legal compliance and avoiding project delays or financial penalties.
When is a Party Structure Notice Needed?
Issuing a notice is required in three main scenarios:
- Work on existing party walls or structures, including party fence walls
- Excavations within a prescribed distance of a neighbouring property (3–6 metres depending on foundation type)
- Construction of a new wall on or up to the legal boundary
Examples of work that triggers a notice include:
- Raising a party wall or fence wall
- Cutting into walls for structural supports (padstones, steel beams, etc.)
- Removing chimney breasts or supporting stacks
- Temporary exposure of shared walls during construction
Drafting and Serving a Party Structure Notice
To ensure validity, a Party Structure Notice should be prepared with care. Using a Chartered Party Wall Surveyor is highly recommended. Surveyors help:
- Draft the notice accurately, including specifications and plans
- Identify all affected properties and owners
- Ensure correct service method (hand delivery or post) and maintain records
Proper service ensures compliance with the Act and prevents disputes or legal penalties.
Rights and Obligations
| Party | Rights | Obligations |
| Building Owner | Begin works after notice period | Serve notice, comply with Act, follow Party Wall Award requirements |
| Adjoining Owner | Appoint surveyor to protect interests | Respond within 14 days, follow Party Wall Award terms |
Following these steps ensures property protection and maintains neighbourly relations.
Responding as an Adjoining Owner
Upon receiving a notice, you have three options:
- Consent: Agree to the works; construction can proceed
- Dissent: Disagree; appoint a surveyor to negotiate terms and safeguard property
- Fail to respond: Automatically treated as dissent, requiring surveyor involvement
Surveyors play a key role in resolving disputes and issuing a Party Wall Award, which legally formalises the agreement.
Dispute Resolution
If disagreements arise:
- Each party appoints a surveyor (or both agree to one neutral surveyor)
- Surveyors negotiate the terms and create a Party Wall Award
- If surveyors cannot agree, a Third Surveyor resolves the matter
- Awards can be appealed within 14 days of service
This structured approach prevents project delays and additional legal costs.
Conclusion
A properly issued Party Structure Notice under the Party Wall etc. Act 1996 protects both building owners and neighbouring properties. It ensures compliance with UK property law, safeguards property interests, and maintains good neighbour relations.
Engaging a qualified party wall surveyor simplifies the process, reduces disputes, and helps avoid unnecessary costs or legal intervention. Early planning and professional guidance are essential for smooth project execution.
FAQ
Q: What is a Party Structure Notice?
A: A mandatory legal notice under the Party Wall etc. Act 1996 informing neighbours about works affecting shared walls.
Q: How do I draft it?
A: A qualified party wall surveyor ensures the notice contains all necessary details, drawings, and delivery information.
Q: How do I serve it?
A: Notices should be served personally or by post, with records maintained for evidence.
Q: What are my rights after serving it?
A: The building owner may commence work after the notice period, adhering to the Act and Party Wall Award.
Q: How should I respond as an adjoining owner?
A: Consent, dissent (with surveyor appointment), or non-response (treated as dissent).
Q: How are disputes resolved?
A: Through surveyor negotiation and, if necessary, a Third Surveyor and Party Wall Award.
At Simple Survey, we provide expert guidance for all Party Wall procedures, Notices, and Awards to ensure your works comply with the Party Wall etc. Act 1996 while protecting your property and your neighbour’s property.
📩 Contact us today to speak with one of our surveyors and get your Party Wall process started quickly, accurately, and affordably.