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When Party Wall Notices are required, the three notice types under the Party Wall Act 1996 in London
When Party Wall notices are required under the Party Wall Act 1996 and the three types of notice — Sections 1, 2, and 6 — with practical examples from London renovation projects in 2025: THE PARTY WALL ETC. ACT 1996 — WHAT IT COVERS: the PWA 1996 applies to ENGLAND AND WALES; it gives rights to BUILDING OWNERS (the person who wants to carry out work) to undertake certain works that affect shared or boundary structures, WHILE PROVIDING PROTECTIONS TO ADJOINING OWNERS (the neighbouring owners) who may be affected by those works; THE THREE CATEGORIES OF WORK COVERED BY THE PWA 1996: SECTION 1 — NEW WALLS ON OR ASTRIDE THE BOUNDARY LINE (LINE OF JUNCTION): a SECTION 1 NOTICE (also called a LINE OF JUNCTION NOTICE) is required when the BUILDING OWNER proposes to BUILD A NEW WALL: ON THE LINE OF JUNCTION between their land and the adjoining owner's land (i.e. exactly on the boundary); OR ASTRIDE THE LINE OF JUNCTION (the wall will straddle the boundary, partly on each owner's land); EXAMPLES FROM LONDON RENOVATION PROJECTS: building a new boundary wall between two London garden sections; building a new garden room or outbuilding with a wall that sits exactly on the boundary line; SECTION 1 NOTICE IS NOT REQUIRED for a wall built WHOLLY ON THE BUILDING OWNER'S OWN LAND (even if it is immediately adjacent to the boundary — as long as it does not sit on the boundary line itself); SECTION 2 — WORK TO EXISTING PARTY STRUCTURES (PARTY WALLS AND PARTY FLOORS/CEILINGS): a SECTION 2 NOTICE (also called a PARTY STRUCTURE NOTICE) is required when the BUILDING OWNER proposes to carry out any of the following works to an EXISTING PARTY STRUCTURE (typically a party wall between two semi-detached or terraced houses, but also a party floor between flats): UNDERPINNING, THICKENING, OR RAISING A PARTY WALL: for example, raising the height of a party wall to build a loft conversion on both sides; MAKING GOOD, CUTTING INTO, OR CUTTING AWAY FROM A PARTY WALL: for example, cutting into the party wall to build a steel beam (RSJ) to carry a new opening; cutting a chase in the party wall to run a flue; cutting the party wall back to remove a chimney breast from the room (where the chimney breast in the party wall is being altered); DEMOLISHING AND REBUILDING A PARTY WALL: where the existing party wall is to be demolished and rebuilt (for example in a basement excavation where the existing party wall is inadequate); PROTECTING A PARTY WALL AGAINST WEATHER, OR CUTTING FLASHINGS INTO THE PARTY WALL; INSERTING A DPC INTO A PARTY WALL: for example, as part of damp-proofing works; EXPOSING A PARTY WALL BY REMOVING A STRUCTURE OR COVERING: for example, removing a rear outbuilding that was abutting the party wall, exposing the party wall to the elements and to the neighbour's property; EXAMPLES FROM LONDON RENOVATION PROJECTS WHERE A SECTION 2 NOTICE IS TYPICALLY REQUIRED: LOFT CONVERSION: in a loft conversion, the floor of the new loft habitable space is typically formed by introducing a new structural floor that bears on the party wall; the party wall must be CUT INTO to accept the new floor joist hangers or structural connections — a Section 2 notice is required; REAR EXTENSION WITH RSJ BEAM: inserting a STEEL BEAM (RSJ or UC section) through the rear wall to carry the new flat roof or the new opening at the rear of the house involves: CUTTING INTO THE REAR EXTERNAL WALL (which may be a party wall if it is a shared flank wall); building the beam into a pocket in the party wall; a Section 2 notice is required where the party wall is affected; CHIMNEY BREAST REMOVAL: removing a chimney breast from the ground floor or first floor of a London Victorian terrace often involves cutting back into the party wall at the point where the chimney breast connects to the shared flue — a Section 2 notice is required; SECTION 6 — EXCAVATION WITHIN 3M OR 6M OF A NEIGHBOURING STRUCTURE: a SECTION 6 NOTICE (also called an ADJACENT EXCAVATION NOTICE) is required when the BUILDING OWNER proposes to carry out EXCAVATION that may affect the stability of a NEIGHBOURING BUILDING'S FOUNDATIONS: SECTION 6(1): EXCAVATION WITHIN 3M OF A NEIGHBOURING BUILDING'S STRUCTURE AND GOING DEEPER THAN THE BOTTOM OF THE NEIGHBOURING BUILDING'S FOUNDATIONS: this is the most commonly triggered Section 6 scenario in London; most London Victorian terrace foundations are STRIP FOUNDATIONS at a depth of approximately 0.9-1.5m (depending on the age of the property and the depth of the London Clay); excavating for new foundations for a rear extension within 3m of the boundary requires a Section 6 notice if the new foundations will be deeper than the neighbour's foundations; SECTION 6(2): EXCAVATION WITHIN 6M OF A NEIGHBOURING BUILDING'S STRUCTURE AND GOING DEEPER THAN A 45° LINE DRAWN FROM THE BOTTOM OF THE NEIGHBOURING BUILDING'S FOUNDATIONS: this applies at a greater distance (up to 6m) but only where the excavation goes very deep relative to the neighbour's foundations; EXAMPLES FROM LONDON RENOVATION PROJECTS WHERE A SECTION 6 NOTICE IS TYPICALLY REQUIRED: REAR EXTENSION ON A LONDON VICTORIAN TERRACE: the new extension foundations (typically trench-fill or pad foundations at 1.0-1.5m depth — or PILES at greater depth where tree roots or poor soil conditions require deeper foundations) are almost always within 3m of the rear neighbour's building — Section 6 notice to the REAR NEIGHBOUR is typically required; LOFT CONVERSION IN A SEMI-DETACHED HOUSE: no excavation involved — Section 6 does not apply; BASEMENT EXCAVATION: a basement always involves significant excavation adjacent to neighbouring structures — Section 6 notices are mandatory; PROJECT TYPES THAT TYPICALLY REQUIRE MULTIPLE NOTICES: a REAR EXTENSION ON A LONDON VICTORIAN TERRACE may require: a SECTION 2 NOTICE to each SIDE NEIGHBOUR (for the work to the side party walls — cutting in the RSJ, building the new rear extension walls off the party wall); a SECTION 6 NOTICE to the REAR NEIGHBOUR (for the new extension foundations within 3m of the rear garden boundary wall's foundation level); NOTICE PERIOD: SECTION 1 (LINE OF JUNCTION): the adjacent owner can consent or dissent within 1 MONTH of service of the notice; SECTION 2 (PARTY STRUCTURE): the adjacent owner can consent or dissent within 14 DAYS of service of the notice; SECTION 6 (ADJACENT EXCAVATION): the adjacent owner can consent or dissent within 14 DAYS of service of the notice.
The Party Wall surveyor process, party wall agreement costs, rights, obligations, and dispute resolution in London 2025
The party wall surveyor process, Party Wall Award, party wall costs, rights and obligations of building owners and adjoining owners, and dispute resolution under the Party Wall Act 1996 in London in 2025: THE PARTY WALL SURVEYOR PROCESS — WHAT HAPPENS AFTER A NOTICE IS SERVED: STEP 1 — NOTICE SERVED: the building owner (or their agent, often the party wall surveyor or architect) serves the relevant notice(s) on the adjoining owner(s) by recorded delivery post or by hand delivery with acknowledgement; the notice must include: the building owner's name and address; the address of the property where work is proposed; a description of the proposed work; the proposed START DATE; a statement of the adjoining owner's right to consent or dissent; STEP 2 — ADJOINING OWNER'S RESPONSE: the adjoining owner has 14 days (for Section 2 and Section 6 notices) to respond: CONSENT: if the adjoining owner consents in writing, the work can proceed as described in the notice; if the adjoining owner consents without appointing a surveyor, the work can proceed BUT the building owner should ensure that a SCHEDULE OF CONDITION is prepared before the work starts (see below); DISSENT OR NON-RESPONSE: if the adjoining owner dissents, or fails to respond within the 14-day period, a DISPUTE IS DEEMED TO HAVE ARISEN; STEP 3 — APPOINTMENT OF PARTY WALL SURVEYORS: once a dispute is deemed to have arisen, THE PARTY WALL SURVEYOR PROCESS BEGINS: each party MUST appoint a surveyor; AGREED SURVEYOR: the parties can agree to appoint ONE SURVEYOR to act for both (this is cheaper and faster); the agreed surveyor acts impartially — not for either party — to produce a fair award; TWO-SURVEYOR ARRANGEMENT: each party appoints their OWN SURVEYOR; the two surveyors work together to produce the award; if the two surveyors cannot agree, they appoint a THIRD SURVEYOR (agreed at the outset) to resolve the point of disagreement; the building owner's surveyor and the adjoining owner's surveyor must meet, inspect the site, and produce a PARTY WALL AWARD; STEP 4 — SCHEDULE OF CONDITION: before the work begins, the party wall surveyor(s) carry out a SCHEDULE OF CONDITION — a photographic and written record of the condition of the adjoining owner's property (particularly the rooms and structures adjacent to the proposed works); the schedule of condition protects both parties: if damage occurs during the works, it is compared with the pre-works condition to determine what is attributable to the works; the building owner is liable for damage caused by the notifiable works; STEP 5 — PARTY WALL AWARD: the PARTY WALL AWARD is a legal document that: defines the work to be carried out; specifies the manner in which the work is to be carried out; specifies access arrangements (the building owner has the right to access the adjoining owner's property if access is needed to carry out the notifiable works — the award will specify when and how this access is to be given); specifies security for expenses (the surveyor may require the building owner to provide SECURITY for expenses — a sum of money deposited against the risk of damage or non-payment); sets out the rights and obligations of both parties; ONCE THE AWARD IS MADE: the award is legally binding on both parties (unless appealed to the County Court within 14 DAYS of the award being served); the building owner can commence the notifiable works; PARTY WALL COSTS IN LONDON 2025 — WHO PAYS AND HOW MUCH: THE GENERAL RULE: THE BUILDING OWNER PAYS THE PARTY WALL SURVEYOR FEES — FOR BOTH THE BUILDING OWNER'S SURVEYOR AND THE ADJOINING OWNER'S SURVEYOR; this is because the BUILDING OWNER IS THE PARTY WHO WISHES TO CARRY OUT THE WORKS and the Act places the financial burden on the party who is the initiator of the notifiable works; WHAT THIS MEANS IN PRACTICE: if the adjoining owner dissents and appoints their own surveyor, the building owner pays the fees of BOTH their own surveyor AND the adjoining owner's surveyor; the AGREED SURVEYOR (one surveyor for both parties) is typically the cheapest route if the adjoining owner is willing to use one; PARTY WALL SURVEYOR FEE RANGES IN LONDON IN 2025: AGREED SURVEYOR (ONE SURVEYOR ACTING FOR BOTH PARTIES — STRAIGHTFORWARD LOFT CONVERSION OR EXTENSION): typically £800-£1,800 for a straightforward notice, schedule of condition, and award; TWO-SURVEYOR ARRANGEMENT (BUILDING OWNER'S SURVEYOR): typically £600-£1,500 for the building owner's own surveyor fees; TWO-SURVEYOR ARRANGEMENT (ADJOINING OWNER'S SURVEYOR — BUILDING OWNER ALSO PAYS): typically £500-£1,200 for the adjoining owner's surveyor fees; THEREFORE: if BOTH NEIGHBOURS DISSENT and each appoints their own surveyor, the building owner may be paying: building owner's surveyor: £600-£1,500; neighbour 1 (left) adjoining owner's surveyor: £500-£1,200; neighbour 2 (right) adjoining owner's surveyor: £500-£1,200; TOTAL: approximately £1,600-£3,900 for party wall costs on a project with two dissenting neighbours; BEWARE OF UNSCRUPULOUS ADJOINING OWNER SURVEYORS: some surveyors who act for adjoining owners take advantage of the fact that the building owner pays their fees to charge excessive fees; the awards process should control this — a surveyor who charges excessive fees can have their fees reduced by the other surveyor or by the third surveyor; if you (as a building owner) receive a demand for excessively high fees from an adjoining owner's surveyor, your own surveyor can challenge this; RIGHTS OF THE BUILDING OWNER UNDER THE PARTY WALL ACT: the building owner has the RIGHT TO CARRY OUT THE NOTIFIABLE WORKS once the award is made; the building owner has the right to ACCESS THE ADJOINING PROPERTY if access is reasonably required to carry out the notifiable works — the award will specify the terms; the building owner has the right to UNDERPROP THE PARTY WALL if necessary; OBLIGATIONS OF THE BUILDING OWNER: to compensate the adjoining owner for any damage caused by the notifiable works; to make good all damage caused to the adjoining owner's property; not to carry out notifiable works without serving the required notices and following the Act's process; not to COMMENCE NOTIFIABLE WORKS before the award is made (or the notice period has expired without a dispute arising); RIGHTS OF THE ADJOINING OWNER: to receive proper notice of proposed works; to appoint a surveyor at the building owner's expense; to receive a Schedule of Condition of their property before works start; to receive compensation for damage caused by the notifiable works; to access the award and challenge it within 14 days by appeal to the County Court; PARTY WALL NOTICES — COMMON MISTAKES IN LONDON: FORGETTING THE SECTION 6 NOTICE TO THE REAR NEIGHBOUR: many building owners (and some contractors) serve Section 2 notices to the side neighbours for a rear extension but forget the Section 6 notice to the rear neighbour for the new foundations; this is one of the most common party wall omissions in London; not serving the Section 6 notice means the rear neighbour's right under the Act is not protected — which can lead to disputes after the work is complete if any cracking occurs in the rear boundary wall or neighbouring property; SELF-SERVING NOTICES: a building owner can serve their own notices WITHOUT A PARTY WALL SURVEYOR, using the template forms in the PWA 1996 guidance documents — but the risk of an incorrectly served notice is that the notice is invalid and must be re-served, extending the programme; STARTING WORKS BEFORE THE NOTICE PERIOD OR AWARD: starting notifiable works before the award is made (or before consent is given and the notice period has expired) is a BREACH OF THE ACT and the adjoining owner can seek an INJUNCTION to stop the works immediately — this is a serious risk that can cause major programme delay; PARTY WALL DISPUTES AND THEIR RESOLUTION: most party wall disputes in London are resolved by the TWO-SURVEYOR PROCESS (each appointing a surveyor) without the need for the third surveyor or court proceedings; the most common sources of disagreement are: the scope of the works (what exactly will be done to the party wall); the access terms; the security for expenses; the schedule of condition items; if the two surveyors cannot agree, the THIRD SURVEYOR makes the determination — the third surveyor's decision on the specific point of disagreement is final (unless appealed to the County Court within 14 days of service of the award).
Frequently Asked Questions
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Important Note
This guide is for general information only. Building regulations, planning rules, and legal requirements change regularly and vary by local authority. Always seek professional advice specific to your project and location. RCB Design & Build offers free initial consultations — book your free survey.