A Guide to Serving a Party Wall Notice

If your building work falls within the scope of the Party Wall etc. Act 1996, you must notify your affected neighbours. 

You do this through a party wall notice, which formally tells your neighbour about your planned works and gives them the opportunity to consent or dissent.

But how do you serve a party wall notice, and are you allowed to do it without a professional surveyor?

Find out in this beginner’s guide. Here we explain what a party wall notice is, how to serve one correctly, and what happens after it has been issued.

What is a Party Wall Notice?

A party wall notice is a formal written notification served on a neighbouring property owner before certain building works begin.

The notice explains the work you plan to carry out and how it may affect shared structures or neighbouring foundations.

The Party Wall Act requires notice in situations such as:

• Work directly affecting a party wall
• Building on the boundary between properties
• Excavation close to neighbouring or shared foundations

The purpose of the notice is to give the adjoining owner the opportunity to review the proposed works and decide whether they consent.

How to Serve a Party Wall Notice

Serving notice usually follows a straightforward process.

First, confirm that your proposed works fall within the scope of the Party Wall Act. This often involves reviewing drawings or consulting a professional party wall surveyor. 

Next, prepare the written notice. The document should clearly describe the proposed works and include the required details under the Act. 

You’re allowed to serve the notice yourself, though some people prefer to use a professional to ensure there are no issues with it.

The notice must then be served on the affected adjoining owner(s).

Notice can usually be served:

• In person
• By post
• By email, but only if the recipient has agreed to receive it electronically.

Once the notice has been served, the adjoining owner has 14 days to respond.

They can consent to the works or dissent, which triggers the surveyor process. If they don’t respond within 14 days, dissent is assumed, and the building owner can instigate the formal dispute resolution process.

What’s Included in a Party Wall Notice?

A valid party wall notice should include:

• The name and address of the building owner
• The address of the property where the works will take place
• A clear description of the proposed works
• The planned start date
• Relevant drawings or structural details where appropriate

Providing clear information helps neighbours understand the scope of the works and reduces the likelihood of disputes.

Can I Serve a Party Wall Notice Myself?

Yes, the Party Wall Act allows a building owner to serve notice themselves.

However, notices must contain the correct information and be served properly. If the notice is incomplete or incorrect, it may be invalid and the process may need to start again.

Many homeowners choose to have notices prepared by a surveyor to ensure the legal requirements are met.

When Do I Serve Notice Under the Party Wall Act?

Notice must be served before certain types of work begin.

Common examples include:

• Cutting into a shared wall
• Inserting steel beams
• Removing a chimney breast attached to a party wall
• Excavating within 3 metres of a neighbouring or shared structure and deeper than its foundations
• Building directly on the boundary line

If you’re in doubt about whether your proposed work is covered under the Party Wall Act, then be sure to contact us today.

How Much Notice Should I Give for Planned Work on a Party Wall?

You must give at least two months’ notice for works directly affecting a party wall.

For excavation near neighbouring or shared structures or building on the boundary line, one month’s notice is required.

These timeframes are set out in the Party Wall Act and must be respected before starting work.

What Happens if I Don’t Serve a Party Wall Notice?

If works proceed without serving notice when the Act requires it, your neighbour may take legal action.

In some cases, the adjoining owner may seek an injunction to stop the works until the correct process has been followed.

Serving notice early helps prevent delays and disputes once construction begins.

What Happens After You Serve Notice?

Once the notice is served, the adjoining owner has 14 days to respond.

They may:

• Consent to the works
• Dissent and appoint a surveyor
• Do nothing

If they consent, you may proceed with the works set out on the notice.

If they dissent or don’t respond, a dispute is deemed to have arisen, and surveyors must be appointed to prepare a party wall award.

This award sets out how the work must be carried out and protects both properties during construction.

What to Do If Your Neighbour Rejects the Party Wall Notice?

If your neighbour refuses to consent, this doesn’t automatically prevent the project from going ahead.

Instead, the dispute resolution process under the Act begins.

The next step is to appoint a surveyor or surveyors who will assess the works and prepare a party wall award.

This document allows the works to proceed while ensuring the adjoining property is protected.

You can learn more about what to do if your neighbour rejects the party wall notice in our guide.

Party Wall Notice FAQs

Are Conditions Set Out in a Party Wall Notice Enforceable?

Conditions applied to a notice consent are binding if the building owner accepts the consent and commences work. However, the building owner can refuse a conditional consent and instigate the formal dispute resolution process.

Are Party Wall Notices Sent by Email Valid?

Notice can be served electronically if the adjoining owner has agreed to receive notices in that way. However, hand delivery or post is often more practical.

Can a Party Wall Notice Be Withdrawn?

There is no formal procedure for withdrawing a notice. However, a notice may become redundant if the proposed works change or the project does not proceed.

If works are later restarted, a new notice may need to be served depending on the circumstances.