Before you start certain building works, you must formally notify your neighbours under the Party Wall etc. Act 1996. Here’s exactly when to serve a party wall notice, which type to use, what it must contain, and how your neighbour can respond.
A party wall notice is a formal written document that a homeowner must serve on their neighbour before carrying out certain types of building work. It is a legal requirement under the Party Wall etc. Act 1996 and must be served within specific timeframes before work begins.
The notice tells your neighbour:
You must serve a party wall notice 1–2 months before notifiable work starts. Your neighbour has 14 days to respond. If they don’t respond, it is treated as a dissent and a surveyor must be appointed.
The Act requires different types of notice depending on the nature of the work:
Used when you intend to carry out work on the party wall itself — for example, cutting into it, raising it, underpinning it, or making structural repairs. This notice must be served at least 2 months before work starts.
Used when you intend to build a new wall astride the boundary line between your property and your neighbour’s. This notice must be served at least 1 month before work starts. If you’re building entirely on your own land, no notice is required for the new wall itself (though excavations may still trigger the Act).
Used when you intend to excavate within 3 metres of a neighbour’s building (to a depth greater than their foundations) or within 6 metres (if the excavation would cut a 45-degree line drawn from the base of their foundations). This notice must be served at least 1 month before work starts.
| Notice Type | Section | When to Use | Minimum Notice Period |
|---|---|---|---|
| Party Structure Notice | Section 3 | Work on the party wall/structure | 2 months |
| Line of Junction Notice | Section 1 | New wall at or astride boundary | 1 month |
| Adjacent Excavation Notice | Section 6 | Excavation within 3m or 6m of foundations | 1 month |
Notices must be served before the specified minimum notice period ends. Work cannot begin until that period has elapsed — even if your neighbour responds immediately with consent.
For a rear extension starting on 1 September, you would need to serve your Party Structure Notice no later than 1 July (2 months before).
A valid notice under the Act must include:
The notice does not need to be on a specific form, but using a professionally prepared template reduces the risk of errors that could invalidate it.
You can serve a party wall notice in several ways:
You should serve notice on all owners of the adjoining property. If it’s jointly owned, all owners must receive the notice. If it’s a leasehold flat, you should serve on both the freeholder and any long leaseholder.
Once served, your neighbour has 14 days to respond in writing. Their options are:
If consent is given, you can proceed with work once the notice period expires. Keep the written consent safe.
If a surveyor is required, they will arrange a schedule of condition of the neighbouring property (a photographic and written record of its current state) and produce the Party Wall Award setting out the terms under which work must proceed.
The Award is legally binding and protects both parties. If damage occurs during the works, the condition schedule provides the evidence needed to assess compensation.
The Act does not specifically authorise email service, though in practice many surveyors agree it is acceptable. To be safe, follow up an emailed notice with a hard copy by post, and get written confirmation from the recipient that they received it.
Serve the notice on the landlord at their usual or last known address. If you don’t know their address, you can serve it on the property itself (addressed to “The Owner”). In difficult cases, a party wall surveyor can advise on the correct procedure.
A party wall notice is valid for 12 months from the date it is served. If work hasn’t started within that time, you need to re-serve the notice.
Only if the internal works involve cutting into or otherwise affecting a party wall, or if excavations are involved. Purely internal works that don’t touch the party wall structure don’t trigger the Act.
Extensions, loft conversions, outbuildings, solar panels — our complete guide covers everything you can build without planning permission.
Maximize your property’s footprint with precision and ease. Permitted provides complete design for Permitted Development Rights, ensuring your project meets all national requirements while bypassing the lengthy full planning permission process.
