How To Serve A Party Wall Notice?

If you’re planning construction work that affects a shared wall, boundary, or structure with a neighbouring property, serving a Party Wall Notice is a legal requirement under the Party Wall etc. Act 1996. Properly serving this notice ensures compliance, avoids disputes, and protects your project from delays or legal challenges.

Here’s a step-by-step guide on how to serve a Party Wall Notice.

1. What Is a Party Wall Notice?

A Party Wall Notice is a formal written notification informing your neighbour of proposed works that could impact:

• A shared wall or fence (party wall or boundary wall).

• Excavation near neighbouring foundations.

• Building structures that affect shared walls or boundaries.

Purpose: To give neighbours the chance to consent or formally respond and to prevent disputes during construction.

2. When Must You Serve a Party Wall Notice?

The timing of the notice depends on the type of work:

• At least 2 months before work for building on a shared wall.

• At least 1 month before work for excavation near neighbouring structures or alterations to boundary walls.

Tip: Serving the notice well in advance allows sufficient time for the neighbour to respond or for a Party Wall Surveyor to be appointed.

3. Types of Party Wall Notices

A. Line of Junction Notice

• For work on or at the boundary between two properties.

• Example: Rebuilding a shared boundary wall or constructing a fence.

B. Party Structure Notice

• For works affecting a shared wall, floor, or ceiling.

• Example: Removing or underpinning part of a party wall.

C. Notice of Adjacent Excavation

• Required if digging near a neighbouring building’s foundations.

• Example: Excavating within 3–6 meters of a neighbour’s structure.

  
  

4. How to Serve a Party Wall Notice

1. Prepare the Notice

   • Include your name, address, details of the planned work, start date, and estimated duration.

   • Specify the type of notice: party structure, line of junction, or excavation.

     
     

2. Serve the Notice

   • Deliver it directly to the neighbour, or use registered post to confirm receipt.

   • Ensure both owners of the neighbouring property are notified if applicable.

     
     

3. Neighbour’s Response

   • Neighbours have 14 days to respond:

     • Consent in writing

     • Dissent and appoint a surveyor

     • Do nothing (which counts as dissent)

       
       

4. Appoint Surveyors if Necessary

   • If disputes arise, Party Wall Surveyors can be appointed to prepare a Party Wall Award, setting out the rights and responsibilities of both parties.

     
     

5. Tips for a Smooth Party Wall Process

• Use clear, professional language in the notice to avoid misunderstandings.

• Include plans and drawings of the proposed works if possible.

• Maintain communication with neighbours to resolve issues amicably.

• Keep records of delivery, responses, and agreements for legal protection.

• Hire a Party Wall Surveyor for complex projects to ensure compliance and safety.

  
  

6. Consequences of Failing to Serve a Notice

• Work may be legally challenged by the neighbour.

• Construction could be halted until notice requirements are met.

• Potential financial penalties or legal disputes.

Serving a notice properly avoids costly delays and disputes, ensuring your project proceeds smoothly and lawfully.

Conclusion

Serving a Party Wall Notice is a critical step for any project affecting shared structures or boundaries. By understanding the types of notices, timing, and proper procedures, homeowners and developers can maintain good neighbour relations and comply with legal requirements.

Whether it’s rebuilding a shared wall, excavating near a boundary, or installing structural additions, a correctly served Party Wall Notice protects both parties and supports smooth project execution.