If you’re planning an extension, loft conversion, basement, or other structural works near a boundary, you may need to serve a Party Wall Notice under the Party Wall etc. Act 1996. Doing this correctly keeps your project lawful, avoids injunctions and delays, and gives both you and your neighbours a clear, fair process if concerns arise.
What counts as a “party wall” and “party structure”?
A party wall is a wall shared by two properties—typical in terraced and semi-detached homes. It can also be a wall wholly on one owner’s land that the neighbour uses to separate buildings. A party fence wall is a freestanding masonry wall astride the boundary (garden walls, not timber fences). The Act also covers party structures, like floors/ceilings between flats.
When do you need to serve a Party Wall Notice?
You must serve notice before starting works that are notifiable under the Act. The most common triggers are:
- Works to a party wall/structure (Section 2) such as cutting in steel beams for a loft, inserting a DPC, removing a chimney breast from the party wall, raising, underpinning, demolishing or rebuilding a party wall/party fence wall, or cutting flashings where your new wall abuts a neighbour’s wall.
Minimum notice period: 2 months before works start. - New wall at or astride the boundary (Section 1), e.g., a rear extension wall up to the line of junction or proposing to build astride the boundary (which needs your neighbour’s express written consent).
Minimum notice period: 1 month before works start. - Adjacent excavation (Section 6) within 3 metres and deeper than your neighbour’s foundations, or within 6 metres where your excavation would intersect a line drawn down at 45° from the bottom of their foundations (includes foundations, piles, drains, trial holes).
Minimum notice period: 1 month, and you must include plans and sections showing excavation location and depth—without these, a Section 6 notice is invalid.
A common misconception is that notices must be served “between two months and a year” before works. In reality, the Act sets different minimum periods (1 or 2 months depending on the section). All notices lapse after 12 months if you haven’t started.
What must a valid notice include?
Each notice should clearly set out: the Building Owner’s name and address, the Adjoining Owner’s name and address, the nature and particulars of the proposed works, the relevant section(s) of the Act, the proposed start date (respecting the statutory lead-in), and—where it’s a Section 6 notice—drawings with depths. Notices must be in writing and can be served by hand, by post, or electronically where the recipient has agreed to receive documents that way.
What happens after you serve the notice?
Your neighbour has 14 days to respond:
- Consent: you can start once the statutory lead-in has passed (and subject to any planning/building control requirements).
- Dissent (or no reply): a dispute is deemed to have arisen and a Party Wall Award is required—either via an Agreed Surveyor (one impartial surveyor acting for both owners) or two surveyors (one for each owner, who then select a third surveyor if needed). The Award sets how and when the works proceed and provides a route to resolve issues fairly.
If your neighbour wants additional or modified work for their benefit, they may serve a counter-notice within a month.
Who pays?
In typical home improvement scenarios, the Building Owner pays the reasonable costs of administering the Act and producing the Award, including the Adjoining Owner’s surveyor (where appointed). Costs can be apportioned if works relate to shared disrepair or where one party benefits from extra works they’ve requested.
Common mistakes that invalidate notices (and delay projects)
- Using the wrong notice type for the works.
- Missing or incorrect legal owner details (check Land Registry/Companies House as needed).
- Vague descriptions like “loft works” instead of the specific notifiable operations.
- No excavation drawings for Section 6 notices.
- Serving too late—or letting the 12-month validity lapse before starting.
If a notice is invalid, you must re-serve it and restart the clock.
What if you don’t serve notice?
Your neighbour can seek an injunction to stop the works until you comply, and you risk costly delays and damaged relationships. Serving proper notices early is quicker and cheaper than firefighting later.
Practical tips to keep things smooth
Talk to neighbours before serving notices so they know what to expect. Provide contact details for your designer/contractor. If you’re proposing to build astride the boundary, explain why and what it means for both of you. Keep your programme realistic—remember the 1–2 month statutory lead-ins and time to agree any Award.
If you’d like your notices drafted and served correctly the first time—and to know exactly which sections apply—bringing in a specialist Party Wall surveyor is the safest way to keep your project on track and neighbourly.
Do things the Simple Survey way, we serve your notices
We prepare and serve correct, fully compliant notices across England & Wales, keep neighbour communications friendly, and—if there’s a dissent—coordinate the next steps so a fair Party Wall Award is agreed quickly.
Transparent, low pricing:
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted)
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee (depends on complexity and number of notices/owners)
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side (we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained)
Ready to get this right first time?
Email team@simplesurvey.co.uk and we’ll take it from here—fast, friendly, and fully compliant.