Serving a Party Wall Notice: A Complete Guide

If you're planning construction work that affects a shared wall or structure with your neighbour, serving a Party Wall Notice is not only a legal requirement in many cases, but also a crucial step in avoiding costly disputes.

Under the Party Wall etc. Act 1996, a building owner must formally notify adjoining owners before undertaking certain types of work.

This article provides a comprehensive guide to serving a Party Wall Notice — including when it is required, how to draft and serve it correctly, and what happens if a neighbour objects or ignores the notice.

What Is a Party Wall Notice?

A Party Wall Notice is a legal document that informs an adjoining owner of planned works under the Party Wall etc. Act 1996. It must be served in advance of specific types of construction work that may affect a shared structure or boundary. These works can include building on the boundary line, altering a party wall, or excavating near neighbouring buildings.

There are three main types of Party Wall Notices:

Line of Junction Notice (Section 1) – for building on or near the boundary line.

Party Structure Notice (Section 3) – for work directly affecting a party wall or party structure.

Notice of Adjacent Excavation (Section 6) – for digging within three or six metres of an adjoining structure.

When Must You Serve a Party Wall Notice?

You must serve a Party Wall Notice if you intend to carry out any of the following:

Build a wall on the line dividing two properties (Section 1).

Cut into or alter an existing party wall (e.g., to insert beams or damp proofing).

Raise, demolish, or rebuild a party wall or party fence wall.

Excavate below the level of the neighbouring foundations within three metres (or within six metres depending on depth).

Carry out any work to a party structure, including separating floors or ceilings between flats.

Failure to serve a valid notice can expose the building owner to injunctions, court orders, or compensation claims. It may also delay the project.

Legal Requirements for Serving a Party Wall Notice

Who Must Serve the Notice?

The building owner — defined as the person intending to carry out the works — is responsible for serving the notice. This includes freeholders, leaseholders (depending on lease terms), or anyone with rights to carry out the works.

Who Receives the Notice?

The notice must be served on any adjoining owner. This includes:

Freeholders of neighbouring properties.

Leaseholders with leases over one year.

Occupiers in some circumstances (for rights of entry).

If the neighbouring property has joint owners, you must serve an individual notice on each owner.

How to Serve the Notice

According to Section 15 of the Party Wall etc. Act 1996, you can serve the notice by:

Hand delivery;

Posting it to the owner’s last known address;

Fixing it to a conspicuous part of the property if the owner is unknown;

Email (see Electronic Communication section below).

You should obtain a record of delivery or acknowledgment of receipt to avoid disputes about service.

Notice Periods

1. Line of junction or adjacent excavation notices: At least one month before work begins.

2. Party structure notices: At least two months before starting work.

The notices are valid for 12 months, after which they expire if the work hasn’t commenced.

What Must a Party Wall Notice Include?

Each notice should clearly set out:

The name and address of the building owner.

A description of the proposed works.

The start date of the works.

For excavation work, plans and sections showing the depth and proximity of proposed excavations.

For special foundations, construction details and proposed loadings.

Using the correct form and language is essential. Poorly drafted or vague notices may be invalid, delaying the process.

Templates and Examples

While the Act does not prescribe exact wording, the notices must comply with statutory requirements. Using established templates ensures clarity and compliance. You must use each type of notice according to its distinct purpose.

For example, a Party Structure Notice might include:

“I, [Name], of [Address], being the building owner, give you notice under Section 3 of the Party Wall etc. Act 1996 that I propose to carry out the following works: [Detailed Description]. These works will commence on or after [Date, minimum two months from notice date].”

What Happens After You Serve the Notice?

The adjoining owner has 14 days to respond. They may:

1. Consent in writing.

2. Dissent and appoint a surveyor.

3. Do nothing — in which case, dissent is assumed by default after 14 days.

If the adjoining owner gives consent, the works can proceed — but best practice still recommends preparing a Schedule of Condition to document the state of the adjoining property before work begins.

In fact we'd go further and advise that you must commission a Schedule of Condition otherwise you will be liable for any damage that might occur to your neighbours property. Building works often reveal expensive to fix cracks in a neighbours property that previously went unnoticed.

If a neighbour dissents—either explicitly or by failing to respond—a dispute arises and triggers the party wall surveyor process under Section 10.

What If the Adjoining Owner Objects?

If the adjoining owner dissents, both parties must appoint surveyors. These surveyors then agree upon an impartial Party Wall Award, which sets out:

What work can be done;

How and when it is to be done;

Any conditions or protections;

Who pays for what (usually the building owner);

And whether a Schedule of Condition is required.

The law binds the parties to the award, and they must comply with its terms. Either party can appeal the award to the county court within 14 days of receipt.

Can You Serve a Party Wall Notice Yourself?

Yes. The Act does not require a solicitor or surveyor to serve the notice. However, mistakes in the notice can lead to invalidity or disputes, so professional assistance is advisable in most cases — especially for complex projects.

Risks of Not Serving a Party Wall Notice

Failure to serve a Party Wall Notice can have serious consequences:

Legal Injunctions: The adjoining owner can apply for a court injunction to stop works.

Delays: Work may be delayed until a dispute is resolved.

Compensation: You may be liable for damage or losses.

Demolition Orders: In extreme cases, unauthorised works may be reversed.

Serving the notice properly helps safeguard your position and maintains good neighbourly relations.

Electronic Service of Notices

Following the 2016 Electronic Communications Order (ECO), it is possible to serve Party Wall Notices electronically. According to the ECO this is only valid if:

The adjoining owner consents in advance to electronic service;

The notice is sent to a specified email address;

The consent has not been withdrawn.

However, a Court of Appeal case in 2018 (Knight v Goulandris) confirmed that emailing a notice was counted as valid service as long as you can prove it was received, with a 'read receipt' or if the recipient replies. for instance.

Disputes and Surveyor Appointments

Once a dispute arises, the parties must follow the process set out in Section 10 of the Act. There are two routes:

1. Agreed Surveyor: Both parties appoint a single surveyor.

2. Three Surveyors: Each party appoints one, and those two appoint a third.

If one party refuses or delays appointment, the other can appoint on their behalf after ten days.

The surveyors will inspect the property, prepare a Schedule of Condition, and issue an Award. The building owner usually pays the surveyor fees, unless the adjoining owner requests additional work.

Frequently Asked Questions

Do I Need a Party Wall Notice for Internal Works?

Only if they affect a party structure. For example, inserting a steel beam into a party wall during a loft conversion would require a notice. Cosmetic work (e.g. plastering) does not.

What If the Neighbour Doesn’t Reply?

If the adjoining owner fails to respond within 14 days, the law treats it as dissent and automatically triggers a dispute. This means the building owner must initiate the surveyor process.

Can I Start Work Without a Notice?

Only if the works are minor and not notifiable under the Act. However, many types of structural work — including excavations and loft conversions — do require notice. It’s safer to assume notice is needed and check with a professional if in doubt.

Conclusion: Serving a Party Wall Notice the Right Way

Serving a Party Wall Notice is a vital step in planning lawful and conflict-free construction near neighbouring properties. It ensures compliance with the Party Wall etc. Act 1996 and helps avoid delays, disputes, or legal challenges.

Whether you're building a rear extension, converting a loft, or underpinning foundations, getting the notice right is essential. Consider seeking professional advice or appointing a Party Wall surveyor to assist in drafting and serving notices. By properly serving notices, you protect your project timeline, maintain good relationships with neighbours, and meet your legal obligations.

Contact

Need help serving a Party Wall Notice or resolving a dispute? Contact Anstey Horne’s experienced surveyors for expert guidance and peace of mind on your next construction project.

For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135.

If you would rather we called you instead, please fill in our Contact form and we will be in touch.

For a quick online quote for Party Wall advice, send us the details of your project. For more articles on all aspects of the Party Wall Act see our blog.

For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135.

If you are planning work that is covered by the Act, or if you have received notice of work from a neighbour and want advice on how best to protect your property please contact: