Party Wall Notice: When and How to Serve One
The Party Wall etc. Act 1996 creates a legal framework for notifying neighbours of building works that affect shared (party) walls, party fence walls, or excavations near neighbouring buildings. In London, where terraced and semi-detached properties are the norm and rear extensions and loft conversions are common, party wall obligations apply to a very high proportion of residential projects. Failing to serve a notice when one is required is a legal breach — and can cause significant delays and costs if the neighbour raises the issue during or after the works.
When Does the Act Apply?
The Party Wall Act applies where your works involve: works to an existing party wall (the wall on the boundary shared with a neighbour), such as cutting into it to insert a beam, raising it, underpinning it, or making it weather-resistant; building a new wall on or at the boundary; or excavating within 3 metres of a neighbouring building or structure to a depth greater than the neighbour's foundations, or within 6 metres where the excavation is deeper than a line drawn down at 45° from the base of the neighbour's foundation.
Common London renovation scenarios that typically trigger party wall obligations include: rear extensions (excavating near the neighbour's wall for foundations); loft conversions involving the raising of a party wall; structural openings through a party wall; and underpinning works.
Serving a Party Wall Notice
A party wall notice must be served in writing to every adjoining owner. The Act specifies what the notice must contain depending on the type of works. Notices must be served: at least 2 months before proposed works to a party wall; at least 1 month before proposed excavation works; at least 1 month before building a new wall on the boundary.
You can serve the notice yourself using standard templates available online, or you can appoint a party wall surveyor to handle it for you. The notice must go to each registered owner of every affected adjoining property — if the neighbour is a tenant, you also need to serve the freeholder.
What Happens If the Neighbour Objects?
The neighbour has 14 days to respond to the notice. They can: consent in writing (the most straightforward outcome); dissent and agree to appoint a single agreed surveyor to act for both parties; or dissent and appoint their own surveyor. Where surveyors are appointed, they agree a Party Wall Award — a legal document that sets out what works can be carried out, when, and under what conditions. The Award can also include a schedule of condition of the neighbour's property before works start, to provide a baseline for any future damage claim.
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