If you’re planning an extension, loft conversion, basement, or a new boundary wall, you may have a legal duty to serve a Party Wall Notice before work starts. Getting this wrong can trigger delays, disputes, and even injunctions. This guide explains when you need a notice, which notice to serve, how to serve it correctly, and what happens next—in plain English.
At Echelon Party Wall Surveyors, we draft and serve compliant notices for homeowners, contractors and developers across Staffordshire and the wider UK. If you need fast, pragmatic help, call 01543 52 37 37.
What is a Party Wall Notice?
A Party Wall Notice is a formal written notice served under the Party Wall etc. Act 1996. It informs your neighbour (the “adjoining owner”) that you intend to carry out certain works that affect a shared wall/structure, a boundary, or nearby foundations. The purpose is to give your neighbour fair warning, legal clarity, and a chance to consent or appoint a surveyor if they’re concerned.
There are three core notice types:
- Section 1 — Line of Junction (new boundary walls): for building a new wall at the boundary or astride it.
- Section 2 — Party Structure (works to a shared wall/structure): e.g., cutting into a party wall to insert steel beams for a loft, raising or underpinning the party wall, or demolishing and rebuilding a party structure.
- Section 6 — Adjacent Excavation (nearby foundations): excavating to a certain depth within 3m or 6m of your neighbour’s structure, depending on depth and footing geometry.
Do I need to serve a notice for my project?
You likely need a notice if any of the following apply:
Extensions:
- New foundations within 3–6m of a neighbour’s foundations (often Section 6).
- Tying into or raising a shared wall (Section 2).
- New boundary wall (Section 1).
Loft conversions:
- Cutting into a party wall to seat steels, padstones or bearing plates (Section 2).
- Raising a parapet or chimney interaction (Section 2).
Basements & deep excavations:
- Excavations to a depth lower than the neighbour’s foundations within 3m (or deeper criteria within 6m) (Section 6).
Garden & boundary works:
- Building a new wall at/astride the boundary (Section 1).
- Works to a party fence wall (shared garden wall) (Section 2).
Routine/internal works that usually don’t require a notice:
- Non-structural tasks (plastering, chasing for cables, shelving fixings) where the structure isn’t affected.
- Always check edge cases—if in doubt, ask us for a quick view.
How much notice do I need to give?
- Section 1 (boundary) & Section 6 (excavation): minimum 1 month before works start.
- Section 2 (party structure): minimum 2 months before works start.
These are minimums; build in time for responses, surveyor appointments, and any Party Wall Award.
What must a valid notice include?
To be valid, your notice should include:
- The building owner’s full name and address.
- The adjoining owner’s name(s) and address(es).
- The site address (if different).
- A clear description of the works (with drawings where helpful).
- The proposed start date (respecting the statutory lead time).
- The relevant section(s) of the Act you rely on (1, 2 and/or 6).
- Signature and date.
- Correct service method (hand, post, or agreed electronic service if formalised).
Tip: If multiple neighbours are affected (e.g., freeholder + long leaseholder), you must serve each relevant adjoining owner.
How to serve a Party Wall Notice (step-by-step)
- Identify the section(s) that apply (1, 2, 6).
- Gather details: title plans, structural drawings, method statements, neighbour names/addresses.
- Draft the notice with all required particulars; include a response form (consent/dissent) and a letter of acknowledgement to make it easy for neighbours.
- Serve the notice properly (hand/post/recorded; or agreed email with explicit consent to electronic service). Keep proof of service.
- Wait 14 days for response:
- Consent: you may proceed once the notice period has elapsed; we strongly recommend a Schedule of Condition to record your neighbour’s property before works.
- Dissent or no reply: this triggers the Party Wall Award process (see below).
- If dissent/no reply: appoint surveyor(s). Your neighbour can agree to one “Agreed Surveyor” or each side appoints their own surveyor. The surveyor(s) produce a Party Wall Award that sets method, timings, protections, access, and damage clauses.
- Implement the Award and start works in compliance with the agreed protections.
What is a Party Wall Award?
A Party Wall Award (sometimes called a “party wall agreement”) is the legally binding document produced by the surveyor(s) if there is dissent or no reply. It typically includes:
- Description of permitted works and method statements.
- Working hours, access protocols, and temporary protections.
- Referenced drawings and Schedule of Condition.
- Damage & making good clauses.
- Procedures for variations, communication, and dispute resolution.
An Award keeps projects lawful and reduces the risk of conflict.
Who pays the fees?
In most cases, the building owner (the party doing the works) pays the reasonable fees of surveyor(s) and associated costs, as the works are for their benefit. There are exceptions—ask us if your case is unusual.
Timelines at a glance
- Serve notice 1–2 months before works (depending on section).
- Neighbour has 14 days to respond.
- If surveyors are appointed, an Award can often be agreed in 2–6 weeks, depending on complexity and cooperation.
Common mistakes to avoid
- Serving an incomplete or wrong section notice.
- Not serving all relevant owners (e.g., freeholder and long leaseholder).
- Starting works before the statutory period elapses or before an Award is in place.
- Relying on verbal consent (the Act requires formal notice/response).
- Skipping a Schedule of Condition (this is your best evidence if there’s a damage claim).
Why use Echelon Party Wall Surveyors?
- Compliant notices drafted and served quickly.
- Clear communication with neighbours to reduce friction.
- Schedule of Condition with date-stamped photos and clear defect mapping.
- Fixed-fee clarity and nationwide coverage from our Staffordshire base.
📞 01543 52 37 37 • EchelonPartyWall.co.uk
Related resources
- Schedule of Condition (Guide): /resources/guides/schedule-of-condition
- Party Wall Awards (Guide): /resources/guides/party-wall-awards
- FAQ: Do I need a Party Wall Notice? /resources/faqs/do-i-need-party-wall
Conclusion
Serving a Party Wall Notice properly is the safest way to keep your project on time and dispute-free. Whether you’re at planning stage or ready to break ground, we’ll confirm which notice applies and serve it correctly.
Need help now? Call 01543 52 37 37.
or use our CONTACT form.
