Party Wall Notice

When a notice is required

The following are the main situations in which a notice is required, though the list is not exhaustive — a surveyor should confirm whether your specific works trigger the Act.

• Before carrying out works on or to a party wall, such as cutting in to support a beam.
• Before building a new wall on or astride the line of junction between two properties.
• Before excavation within three metres of a neighbouring building below the level of their foundations.
• Before excavation within six metres of a neighbouring building that cuts below a 45-degree line from the base of their foundations.
• Before demolition, underpinning, raising or rebuilding of any party structure.

For detail on the excavation triggers see the section 6 guide and the 3 metre rule. For building at the boundary specifically, see the line of junction notice page.

How the notice must be served

The Act specifies the permitted methods of service. Any of the following is acceptable:

• By hand to the adjoining owner at the property.
• By post to the adjoining owner at their last known address, including where they do not live at the adjoining property.
• Where appropriate, by delivery to the registered office of a corporate owner.
• Where the adjoining owner cannot be identified, by fixing the notice conspicuously to the adjoining property.

Keep evidence of service. Proof of posting, a dated photograph of a notice fixed to the property, or an acknowledged receipt is often decisive if validity is later questioned.

How the adjoining owner may respond

Once validly served, the adjoining owner has 14 days to respond. The outcomes are limited.

For what follows when agreement is not reached, see party wall award. For the everyday term used to describe the outcome, see party wall agreement.

Getting the timing right

Statutory notice periods run from the date of valid service. For section 2 works on or to a party wall the period is two months. For section 1 and section 6 it is one month. The 14 day response period runs concurrently within that notice period, not after it.

Plan backwards from the intended start on site date. If the construction programme assumes a start within a few weeks, and the notice still has to be drafted and served, the project is on a collision course with the Act.

Common mistakes

• Serving only the freeholder when leaseholders with more than a year unexpired are also adjoining owners.
• Serving by email only, where the Act does not expressly provide for electronic service.
• Running the notice period from the date of drafting rather than the date of proper service.
• Describing the works too vaguely, so that the notice is open to challenge for invalidity.
• Starting site preparation works during the statutory notice period.