You must serve a written notice on your neighbour before you start building work on a shared wall, building at the boundary, or excavating near their foundations. You need to give at least two months of warning for work to an existing party structure, and at least one month for a new wall or excavation. A party wall notice is valid for a year.
When you must serve a notice
The Party Wall etc. Act 1996 sets out the rules you must follow when carrying out certain building works, and it applies in England and Wales only. You must tell your neighbour in writing if you plan to build on or at the boundary of your two properties, work on an existing party wall or party structure, or dig below and near to the foundation level of their property. You cannot simply start work and assume they will not mind. If you are planning an extension, a loft conversion or a new basement, check whether the work falls into these categories.
A chartered surveyor can advise you whether your specific project requires a notice. Work that needs notice includes:
- Cutting into a party wall to insert a steel beam for a loft conversion
- Inserting a new damp-proof course into a shared wall
- Raising the height of a party wall or rebuilding it entirely
- Excavating within three metres of a neighbour's structure and deeper than their foundations
- Excavating within six metres and below a line drawn down at 45 degrees from the bottom of their foundations
- Building a completely new wall right on the boundary line
Ask a chartered surveyor if you are unsure whether other work needs notice.
The three kinds of notice and how much warning each needs
The law divides party wall notices into three specific types depending on the work you are doing. You might need to serve just one type, or a combination of them if your project involves multiple elements. You must serve a party structure notice under section 2 of the Act if you are working on an existing shared wall or structure. You must serve a line of junction notice under section 1 if you are building a new wall on the boundary line. You must serve an adjacent excavation notice under section 6 if you are digging near your neighbour's foundations.
You must give your neighbour enough warning before the work begins. A party structure notice requires at least two months of notice. A line of junction notice and an adjacent excavation notice both require at least one month of notice.
This table shows the three types of party wall notice and the minimum warning period required for each.
|
Notice type |
Work covered |
Minimum notice period |
|---|---|---|
|
Party structure notice |
Working on an existing shared wall or structure |
Two months |
|
Line of junction notice |
Building a new boundary wall |
One month |
|
Adjacent excavation notice |
Digging near your neighbour's foundations |
One month |
These are minimum periods, and the notice must give a start date that is not before the notice period ends.
A notice is valid for a year. If you do not start work within that time, expect to need to serve a new notice.
What a notice must contain
A party wall notice is a formal document, so it must contain specific information.
This guide does not supply a template wording, and you should not guess what to write. A chartered surveyor can advise you on exactly what is required for your specific property, and the government provides example letters in its explanatory booklet. If you are drafting the notice yourself, you must ensure it includes all the mandatory elements.
A valid party wall notice must include all of the following details:
- Your name and address as the building owner
- The names of all joint owners if you own the property with someone else
- The full address of the building where the work will take place
- A clear and comprehensive description of the proposed works
- Plans if you are serving an excavation notice
- A proposed start date that falls after the required notice period ends
- Your signature and the date you are serving the document
- A clear statement that it is a notice under the Party Wall etc. Act 1996
The notice needs a full description of the works, so be specific about what you are doing.
How to deliver it
Serving the notice means delivering it to your neighbour in a way that the law recognises. You must serve notice on all owners of the adjoining property. If the neighbouring property has multiple owners, such as a married couple, you must notify all of them. You must also notify leaseholders with an interest of over a year. You do not need to serve notices on mortgage lenders.
The law allows you to deliver the notice in several different ways. You can hand it to your neighbour in person, or you can send it by post. You can also send the notice by email, but only if the recipient has explicitly agreed to receive notices by email and has provided an email address for that purpose. You cannot simply email a notice and assume it is valid without their prior agreement.
Sometimes you will not know who owns the neighbouring property, especially if it is rented out or currently empty. If the owner's name is unknown, you may address the notice simply to 'The Owner' and deliver it to a person on the premises. If the property is completely empty and you cannot find anyone to hand it to, you may fix the notice to a conspicuous part of the premises.
Talk to your neighbour first
Before you draft any formal documents or hand over a legal notice, you should always talk to your neighbour about your plans. A party wall notice can look intimidating when it arrives out of the blue, and it often uses formal language that can make people worry about the safety of their home. A friendly conversation helps to reassure them that you are taking the proper steps to protect their property.
The Royal Institution of Chartered Surveyors (RICS) advises that, if possible, you should speak to your neighbours before giving written notice. Show them your plans, explain what the builders will be doing, and tell them when you hope to start. This gives them a chance to ask questions and raise any immediate concerns about noise, dust or access for the builders.
Having this conversation early can help. You must still serve the formal written notice afterwards, but the conversation means the paperwork does not come as a surprise.
What your neighbour can do
Once your neighbour receives the party wall notice, they have 14 days to respond in writing. You cannot assume that no response means they agree to the works. They must let you know in writing whether they consent or object. The government guidance makes it clear that they have three main options for how to reply.
Firstly, they can consent to the works in writing. If they do this, you can go ahead with the building work as described in the notice, provided you do not change your plans. In that case there is no dispute to resolve.
Secondly, they can refuse consent, which is also known as dissenting. If they dissent, the law requires both of you to appoint a surveyor to agree on a formal party wall award. This award will set out exactly how and when the work will be done to prevent damage. You can find out more about this by reading about what happens when a neighbour dissents.
Thirdly, they can serve a counter notice. They can do this within one month of receiving your party structure notice. The explanatory booklet on GOV.UK explains how counter notices work, and a chartered surveyor can advise you on one.
If you hear nothing in 14 days
If your neighbour ignores the notice or simply forgets to reply, the law steps in to keep the process moving. If a neighbour does not respond within 14 days to a party structure notice or an excavation notice, a dispute is deemed to have arisen. This means the law treats their silence exactly the same as if they had written to you to refuse consent.
Once a dispute is deemed to have arisen, you must appoint a surveyor to draft a party wall award. You and your neighbour can agree to appoint one single surveyor to act impartially for both of you, which is known as the agreed surveyor. If your neighbour still refuses to engage or wants their own representation, you must appoint one surveyor each. You cannot act as your own surveyor. You can learn more about this process by reading about appointing a party wall surveyor.
You must never start work without a proper notice in place, or before the notice period has expired. The Party Wall etc. Act 1996 has no enforcement procedure of its own for failing to serve notice. However, if you start work without proper notice, the adjoining owner may seek a court injunction or other legal redress. Ask a solicitor or chartered surveyor if you are unsure where you stand.
Notice does not replace planning or building regulations
Serving a party wall notice is entirely separate from getting planning permission or building regulations approval. Party wall agreements are different from planning permission or building regulations approval.
You may need planning permission and building regulations approval in addition to your party wall agreement.
If your local authority grants planning permission, this does not override your neighbour's rights under the Party Wall Act. You must still serve the correct notices and observe the required warning periods before you start any physical work on the boundary.
Common questions
Do I need to notify my neighbour's mortgage lender?
No, you do not need to serve a party wall notice on the mortgage lender of the adjoining property. You only need to serve notice on the people who own the property, including any joint owners, and leaseholders with an interest of over a year.
Can I use email to serve the notice?
You can only serve a party wall notice by email if your neighbour has explicitly agreed to receive it this way and has given you an email address for this exact purpose. If you have not asked them first, or they have not agreed, you must deliver the notice by hand, by post, or by fixing it to the premises if the building is completely empty.
Does the Party Wall Act apply in Scotland?
No, the Party Wall etc. Act 1996 applies strictly to England and Wales only. RICS says party wall legislation applies only to England and Wales, not Scotland or Northern Ireland. If you are building elsewhere, get advice on the rules that apply there.
What happens if I make a mistake on the notice?
The notice must include the details set out above, such as a full description of the works and a start date that is not before the notice period ends. If you are unsure, a chartered surveyor can advise.
How long does a party wall notice last?
A party wall notice is valid for a year. If you serve the notice but do not begin the building work within twelve months, the notice expires. You will then have to draft a new notice, serve it again, and wait out the required warning period before you can start work.
Your next steps
Serving a party wall notice correctly keeps your building project on track and prevents expensive legal action. To get the process right, follow these essential steps:
- Check your final architectural plans to see if any work touches a shared wall, builds on the boundary, or excavates near a neighbour's foundations.
- Talk to your neighbours informally to explain what you are building, how it will affect them, and when you hope to start.
- Draft a written notice that includes all the mandatory details, or instruct a chartered surveyor to prepare it for you.
- Serve the notice by hand or by post, ensuring you give at least two months of warning for party structure work and one month for boundary walls or excavations.
- Wait up to 14 days for a written response from your neighbour before making your next move.
Getting the paperwork wrong can delay your builders and ruin your relationship with the people next door. If you are unsure whether your planned extension or loft conversion triggers the Act, or you want a professional to handle the dispute process, find a surveyor near you.
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