The short answer
A party wall notice is the written notice a building owner must give a neighbour before certain work under the Party Wall etc. Act 1996. There are three types: a party structure notice, a line of junction notice and a notice of adjacent excavation. The first needs two months’ notice and the other two need one month. You serve it by hand, by post or, if your neighbour agrees, by email.
Which work needs a party wall notice?
You need a party wall notice for three kinds of work: work to a wall or floor you share with a neighbour, a new wall on the boundary line, and digging near a neighbour’s foundations. Small jobs such as plastering, rewiring or putting up shelves don’t need one.
The Party Wall etc. Act 1996 sets out each type. Most projects on a terraced or semi-detached house need at least one notice, and plenty need two.
Party structure notice
This covers work to an existing party wall or party structure, such as the floor between two flats. Typical jobs are cutting pockets for steel beams in a loft conversion, raising the wall, underpinning it, inserting a damp-proof course or cutting away a chimney breast. The full list of rights is in section 2 of the Act.
Line of junction notice
This covers a new wall built on the boundary line, either astride it or right up against it on your side. If your neighbour doesn’t agree in writing within 14 days to a wall astride the line, you can only build it wholly on your own land. The footings can still project under their land where that’s needed.
Notice of adjacent excavation
This covers digging within 3 metres of a neighbour’s building to a level below the bottom of their foundations. It also covers digging within 6 metres where the dig would cut a 45 degree line drawn down from the bottom of their foundations. Deep extension footings, piling and basements often trigger it, and the notice must come with plans and sections.
Not sure which applies? The government’s guide to the work you must tell your neighbour about gives more examples, and our party wall surveyors can check your drawings against the Act.
How much notice do you have to give, and what must it say?
A party structure notice must be served at least two months before work starts. A line of junction notice and a notice of adjacent excavation need at least one month. Each must name the building owner, give their address, describe the work and give the date it will start.
| Notice | Section of the Act | Work it covers | Minimum notice |
|---|---|---|---|
| Party structure notice | 3 | Work to a shared wall or floor | Two months |
| Line of junction notice | 1 | A new wall on the boundary | One month |
| Notice of adjacent excavation | 6 | Digging near a neighbour’s foundations | One month |
What a valid notice includes
Section 3 of the Act says a party structure notice must state the building owner’s name and address, the nature and particulars of the work, and the start date. If you plan special foundations, such as reinforced concrete, it must also include plans, sections and details of the loads they’ll carry. An excavation notice must say if you’ll underpin or strengthen the neighbour’s foundations.
Serve every owner. That can mean a freeholder and a leaseholder in the same building, or several flat owners above a shop. A notice sent to the wrong person, or one that describes the work too loosely, can be challenged and set your programme back.
Leave yourself more time
The minimums are tight. Your neighbour has 14 days to reply, and if surveyors are appointed, the schedule of condition and the award take time to agree. We’d serve three months ahead where the build allows. Don’t go too early either: a party structure notice or excavation notice lapses if work hasn’t started within 12 months.
Not sure what your project needs?
Send us the address and a line about the work. We’ll tell you what applies, how long it takes and what it costs.
How to serve a party wall notice, and what happens next
Section 15 of the Act lets you serve a notice by hand, by post to the owner’s home or business address, or by email if the neighbour has agreed to accept notices that way. For an owner you can’t trace, you can address it to “the owner” of the property and fix it somewhere visible there.
Talk to your neighbour before the notice lands. A friendly word first makes consent more likely, and the government’s party wall guidance suggests the same.
Your neighbour’s options
- Consent in writing. Work can start when the notice period ends.
- Dissent. Surveyors are appointed to agree a party wall award.
- Serve a counter notice. Within one month, they can ask for extra work that suits them, such as deeper foundations.
Silence counts as well. If a neighbour doesn’t consent to a party structure notice or an excavation notice within 14 days, the Act treats it as a dispute. Surveyors are then appointed: one agreed surveyor acting for both owners, or one each.
Once the notice period has run and any award has been served, the builder can start. Keep a copy of the award on site. It sets the working hours, the protection for the neighbour’s property and what happens if damage occurs.
Can you serve it yourself?
Yes, and many building owners do. The risk is in the detail: a missing owner, a wrong date or a vague description can make the notice invalid. We draft and serve notices within five working days of instruction, and our RICS-regulated surveyors act for building owners and adjoining owners alike. For local work, see our London, Southwark and Essex party wall pages.
Talk to a party wall surveyor
Send us the address, the drawings if you have them and a line about the work. We’ll tell you which notices apply, how long it takes and what it costs.
