Key Points
The Party Wall etc. Act 1996 sets out specific notice periods that every building owner must follow before starting construction work that affects a shared wall, boundary or neighbouring structure. Getting these timescales right is essential, as serving notice too late can delay your project, while understanding the process early gives you time to appoint a party wall surveyor and prepare a party wall award if your neighbour dissents.
When Should I Start Thinking About My Party Wall Obligations?
If your proposed work involves an existing party wall, a new wall at the boundary, a garden wall on the boundary or excavation work near a neighbouring property, you should start thinking about your party wall obligations as early as possible, ideally as soon as your drawings reach a reasonably developed stage.
Notice before starting any such work is required by law. The party wall process can take time, particularly if your neighbour dissents, so building this into your project timeline from the outset avoids unnecessary delays once work starts.
What Is a Party Wall Notice?
A party wall notice is a formal legal document that informs your neighbours of work you intend to carry out on or near a shared wall, boundary or structure. A party wall notice is a legal requirement under the Party Wall etc. Act 1996 and must be served before any relevant work begins.
The type of party wall notice you need depends on the nature of the proposed work. This may include work on a party wall, building a new wall on the line of junction, constructing a garden wall or party fence wall, or excavating near your neighbour’s property. Our party wall glossary explains the key terminology.
Serving a Party Wall Notice
Serving a party wall notice involves sending written notice to your neighbours that clearly describes the proposed work, its location and the intended start date.
The notice must be served correctly to be valid. This typically means delivering it by hand or post to the property, or directly to the owner if their address is known. Serving a formal notice correctly from the outset helps avoid disputes later, and our party wall surveyor notice service can guide you through the process.
The Party Wall Notice Period
The party wall notice period depends on the type of notice being served. For most work involving a party structure notice, you must give your neighbour two months’ notice before starting work. A line of junction notice generally requires one month’s notice, while an adjacent excavation notice also generally requires one month’s notice.
These are minimum notice periods under the Act, so it is sensible to serve notice well in advance. Excavation requirements are explained further in our guide to the Party Wall Act 3 metre rule.
Party Wall Notice Templates
Party wall notice templates are available for the main types of notice. These include the party structure notice for work on an existing shared wall, the line of junction notice for building at the boundary and the adjacent excavation notice for excavation near a neighbouring structure.
You can access our free party wall notice templates as a starting point. However, it is advisable to have an experienced surveyor review or prepare the notice to make sure it accurately reflects the proposed work and complies with the Act.
What Happens Once My Neighbour Receives My Party Wall Notice?
After receiving the notice, your neighbour can consent to the work, dissent and appoint their own surveyor, or dissent and agree to use one agreed surveyor with you.
If they consent, the work may proceed without completing a party wall award, subject to the applicable notice period or any agreed arrangements. If they dissent, the process moves to the surveyor stage and an award must normally be prepared before notifiable work begins.
What Timescales Does the Party Wall Act Set Out?
A party structure notice generally requires two months’ notice. A line of junction notice and an adjacent excavation notice generally require one month’s notice. Your neighbour normally has 14 days to respond before a dispute is deemed to have arisen.
Understanding party wall timescales early helps the building owner plan realistically, especially where professional party wall surveying input may be required. You can read more in our full party wall guide.
Can Building Work Start Before the End of the Notice Period?
Work should not start until the relevant notice period has expired unless the adjoining owner has provided valid written consent allowing an earlier start.
Starting notifiable work without completing the required process could lead to legal and practical complications, including the possibility of an injunction stopping the work. For more information, read what can happen when a neighbour starts work without a party wall agreement.
Can I Serve Party Wall Notices Before My Drawings Are Complete?
It is best to wait until your drawings are sufficiently developed because the notice must accurately describe the proposed work. However, as the notice process can take several months where a neighbour dissents, many building owners serve notice once the design is settled enough to describe the relevant work clearly.
Our building regulation drawings service can help bring your plans to the correct stage. A specialist surveyor can also advise whether sufficient information is available to serve a valid notice.
How Many Days Does My Neighbour Have to Respond?
Your neighbour normally has 14 days to respond to a party wall notice. If they do not respond within this period, a dispute is deemed to have arisen and surveyors may need to be appointed to prepare an award.
How Long Will the Award Take If My Neighbour Dissents?
The time required to prepare an award depends on the complexity of the proposed work, the quality of the information provided, the responsiveness of both parties and whether one agreed surveyor or two separate surveyors are appointed.
In straightforward cases, an award may be finalised within a few weeks. More complex matters involving excavation, underpinning or significant structural changes can take several months and may involve additional party wall award costs.
Before making an appointment, read our guide explaining who pays for a party wall surveyor and when the adjoining owner may be asked to contribute.
I Will Start Building Soon and Need to Serve Party Wall Notices
If your work is due to start soon, serving notice should be an immediate priority. Waiting too long may push back your planned construction date, particularly if the adjoining owner dissents and an award is required.
A specialist surveyor can assess which notice applies and arrange for it to be served correctly. You may also wish to review our party wall surveyor fees before making an appointment.
Where Can I Get Advice About Having No Party Wall Agreement?
If you are unsure whether the Act applies or are concerned about proceeding without a party wall agreement, seek advice before beginning work.
A surveyor can assess whether the work falls within the Act, advise whether notice is required and explain your responsibilities. You can also read about common misunderstandings of the Party Wall Act.
What Happens If My Neighbour Dissents to a Party Wall Notice?
If your neighbour dissents, both parties must either agree to appoint one surveyor or appoint a separate surveyor each. The surveyor or surveyors then prepare an award setting out the rights and responsibilities of both parties, conditions for the work, access arrangements and measures for protecting the adjoining property.
The process will often include a schedule of condition. Work covered by the notice should not begin until the award has been completed and served. Our guide to party wall surveyor disputes explains how disagreements are handled.
What Is the Process If My Neighbour Gives Consent?
If your neighbour gives written consent to the notice, a formal award is normally unnecessary. The work can proceed once the relevant notice period has expired or from an earlier date expressly agreed by the adjoining owner.
Keep a written record of the consent, drawings and any agreed working arrangements. A photographic condition record may also help both parties if concerns about damage arise later.
Frequently Asked Questions
Do I Need to Serve a Party Wall Notice?
You may need to serve notice if the proposed work involves an existing party wall, a new wall at the boundary or excavation near a neighbouring property’s foundations.
A qualified surveyor can confirm whether the Act applies to your project. Read more in our guide to party wall agreements.
Can I Start Work Before a Party Wall Award Is Finalised?
No. If your neighbour has dissented and an award is required, notifiable work should not begin until the award has been agreed and served on both parties.
How Do I Find Out Who Owns the Adjoining Property?
You can search HM Land Registry for ownership details. If ownership is unclear, a surveyor may be able to help identify the correct person or organisation on whom the notice should be served.
Do I Need a Party Wall Agreement for a Loft Conversion?
Possibly. If your loft conversion involves inserting beams into a shared wall, raising the wall or undertaking nearby excavation, you may need to serve notice.
See our guide to party wall agreements for loft conversions for more information.
Can I Complete the Party Wall Process Without a Surveyor?
You may serve a notice yourself using a suitable template. However, if your neighbour dissents and an award is required, surveyors must be appointed under the statutory process.
Read is hiring a party wall surveyor worth it for additional guidance.
Can a Party Wall Notice Be Served Verbally?
No. A party wall notice must be served in writing to be valid. A verbal conversation does not meet the statutory requirements and may leave the building owner without evidence that the correct process was followed.
A surveyor can help ensure the notice is prepared in the correct format and served within the appropriate timescale. Use our party wall cost calculator for an early estimate of potential fees.
