Guide
Party wall notice: when you need one and how to serve it (free)
Updated
The notice is the trigger for the whole Party Wall etc. Act 1996 process, and the one part that never needs to cost you anything.
The three cases that need notice
- Section 1, new wall at the line of junction
- Building a new wall up to or astride the boundary line. 1 month's notice before work starts.
- Section 2, work to an existing party wall or structure
- Cutting in beams (lofts), raising, thickening, underpinning, demolishing and rebuilding, or repairing a shared wall or floor. 2 months' notice. This is the notice most lofts and extensions need.
- Section 6, nearby excavation
- Digging within 3 metres of a neighbouring building and deeper than its foundations, or within 6 metres where a 45° line from the bottom of their foundations would cut your excavation. Covers footings for extensions and all basements. 1 month's notice, with plans showing depth.
All three are set out in the government's guidance booklet, The Party Wall etc. Act 1996: explanatory booklet, which includes free example notices and letters (gov.uk). A notice is valid for 12 months, so don't serve it years ahead.
What happens after you serve
- Your neighbour has 14 days to respond in writing.
- Consent in writing: no award is needed, the Act's job is done, though a schedule of condition is still sensible protection for both sides.
- Dissent, or no reply: a dispute has arisen under the Act, and surveyors must be appointed to produce an award, see what happens if your neighbour dissents or ignores the notice.
Getting the notice right
- Serve every adjoining owner, freeholders and any leaseholders with over a year's term. A flat next door can mean several notices.
- Include your name and address, the building's address, a clear description of the proposed works and the planned start date; section 6 notices need plans showing excavation depth and position.
- An invalid or missing notice doesn't just cause delay, starting notifiable work without one risks an injunction stopping the job.
- Notices are separate from planning permission and building regulations: you may need all three.
Surveyors will draft and serve notices for a modest fixed fee, which can be worth it with multiple owners, but there is no fee for doing it yourself with the gov.uk templates. Where notices lead to an award, that's where the real costs sit: see party wall surveyor costs.