Party Wall Notices: A Complete Guide for Homeowners

The Party Wall etc. Act 1996 governs three categories of work:

• **Section 1 — Building a new wall on the line of junction (the boundary)**:
• If you intend to build a new wall along (or astride) the boundary between your property and a neighbour's, you must serve a Section 1 notice. This applies to:
• •Building a new party wall (on the boundary) as part of a side extension
• •Building a boundary wall or garden wall
• •Building entirely on your own land but up to the boundary — a Section 1 notice is still required

Note: an extension built *inside* your boundary (not on the boundary line itself) does not require a Section 1 notice.

• **Section 2 — Works to an existing party structure**:
• Section 2 covers works on an existing shared wall, floor, or structure. Common works triggering Section 2:
• •Cutting into a party wall to insert a beam or lintel (e.g., for a rear extension opening or RSJ above a structural opening)
• •Removing a chimney breast that shares the chimney stack with a neighbour
• •Building up a shared party wall (e.g., to support a new floor or roof)
• •Inserting a damp proof course in a shared wall
• •Excavating foundations within 3 metres of a neighbour's structure where the excavation goes deeper than the neighbour's foundations (Section 6, below)

Section 2 is triggered by *any work that physically affects the party structure* — even superficial works like inserting wall plugs or anchor bolts require notice in theory (though in practice, Section 2 is most relevant for structural works).

• **Section 6 — Excavations near a neighbour's structure**:
• Section 6 is triggered when you:
• •Excavate within **3 metres** of any part of a neighbour's building or structure, AND
• •The excavation goes *deeper than the bottom of the neighbour's foundations*

• OR:
• •Excavate within **6 metres** of any part of a neighbour's building or structure, AND
• •The excavation would intersect a plane drawn downward at 45° from the bottom of the neighbour's foundation

• Section 6 most commonly applies to:
• •Basement excavations beneath a terrace
• •Deep foundation works (bored piles, underpinning) close to a boundary
• •In some cases, standard extension strip foundations close to a boundary in deep soils

• **Section 1 Notice** (Line of Junction Notice):
• •Must be served at least **1 month** before work commences
• •Must be in writing
• •Can be served by the building owner personally or by their party wall surveyor or contractor
• •If the adjoining owner consents to building astride the boundary, the costs are shared proportionately. If they do not consent, the wall must be built entirely on the building owner's land.

• **Section 3 Notice** (Party Structure Notice — for Section 2 works):
• •Must be served at least **2 months** before work commences
• •Must specify the proposed works in sufficient detail for the adjoining owner to understand what is being done to the shared structure
• •Good practice: include a draft Schedule of Condition for the adjoining owner's agreement — a photographic record of the condition of the adjoining owner's property before works start. This protects the building owner from inflated damage claims.

• **Section 6 Notice** (Adjacent Excavation Notice):
• •Must be served at least **1 month** before excavation commences
• •Must specify the depth of the excavation and include plans showing the works
• •The adjoining owner has the right to request that the building owner underpins their building at the building owner's expense if the excavation may affect the adjacent structure

**Adjoining owner responses** (all notice types): The adjoining owner has 14 days to respond to a notice: 1. **Consent**: The work can proceed without the need for a formal award 2. **Dissent**: The Act kicks in and both parties must appoint surveyors to agree a Party Wall Award 3. **No response within 14 days**: Treated as dissent — surveyors must be appointed

• **The Party Wall Award**:
• If the adjoining owner dissents, both parties appoint Party Wall Surveyors — either each appointing their own 'party wall surveyor' (two surveyors who then agree the award between them), or both agreeing to a single 'agreed surveyor.' The surveyors draw up a Party Wall Award — a document that:
• •Describes the works
• •Sets out conditions (working hours, method of working, protection measures)
• •Includes a Schedule of Condition (photos of the adjoining owner's property before works start)
• •Sets out a mechanism for resolving damage claims

The Award is binding on both parties — work can commence once the Award is in place.

**Step-by-step party wall process for a standard rear extension**:

1. **Confirm whether notice is required**: Check whether any part of the extension foundation or structure touches, crosses, or is built alongside the party wall — or whether any excavation for the extension foundation will be within 3m of the neighbour's foundation at a greater depth.

2. **Identify who you need to serve notice on**: The Act applies to 'adjoining owners' — persons with a freehold or leasehold interest (of over a year) in the adjoining property. For most terraces, this is the owners of both the left and right adjoining properties.

3. **Prepare and serve the notice**: The notice must be in writing and contain specific statutory information. Template notices are available, or your architect or party wall surveyor can prepare them. Serve by hand, recorded delivery, or email (confirmed email with read receipt).

4. **Wait for responses**: Allow 14 days.

5. **If both neighbours consent**: Document the consent in writing and proceed with works.

6. **If one or both dissents**: Appoint party wall surveyors. The building owner typically pays the adjoining owner's surveyor's reasonable fees as well as their own — this is a statutory obligation. Party wall surveyor fees for a standard extension: typically £600–£1,500 per surveyor (so £1,200–£3,000 total if two surveyors). The Award process typically takes 4–8 weeks.

7. **Schedule of Condition**: Before works start, the agreed/building owner's surveyor inspects the adjoining property and prepares a photographic Schedule of Condition. This protects both parties — it establishes the pre-works condition and prevents unfounded damage claims.

**Common errors and how to avoid them**:

• •**Serving notice too late**: Notice must be served the statutory period before works start (1 or 2 months depending on notice type). If you serve notice too late, you must delay the start of works until the statutory period has elapsed — adding programme time.

• •**Failing to serve notice at all**: This does not make the works illegal, but it means the adjoining owner can get an injunction to stop the works, and any resulting damage gives rise to a civil claim with no limitation on costs. Always serve notice.

• •**Confusing planning permission with party wall**: Planning permission is from the LPA for the design. Party Wall notice is from the building owner to the adjoining owner about the physical impact on shared structures. They are completely separate — planning approval does not satisfy the party wall obligation.

• •**Trying to use a non-specialist solicitor**: Party wall disputes should be handled by Chartered Party Wall Surveyors (members of the Pyramus & Thisbe Club or similar specialist bodies) — not by general solicitors. The Act is technical and surveyor-led.