What is a Party Wall Notice?

A Party Wall Notice is a legal document that a property owner must serve to their adjoining neighbour(s) before undertaking certain types of building work that affect a shared (party) wall, boundary, or excavation near neighboring properties. This requirement comes under the Party Wall etc. Act 1996, which applies in England and Wales.

Key Sections of the Party Wall etc. Act 1996 Relevant to a Party Wall Notice

1. Section 1 – New Building on the Line of Junction

   • If a property owner intends to build a wall on the boundary line between two properties (a new party wall or party fence wall), they must serve a Party Structure Notice at least one month before starting work.

2. Section 2 – Work on an Existing Party Wall or Party Structure

   • If work is proposed on an existing party wall (such as cutting into it, raising it, underpinning it, or demolishing and rebuilding), the owner must serve a Party Structure Notice at least two months before the work begins.

3. Section 3 – Party Structure Notice

   • This is the formal notice required under Section 2, outlining the intended work on a party wall or structure.

4. Section 6 – Adjacent Excavation and Construction

   • If an excavation is planned within 3 meters of an adjoining building and deeper than the neighbouring foundation, or within 6 meters if it intersects a 45-degree angle from the neighboring foundation, an Excavation Notice must be served one month in advance.

5. Section 10 – Dispute Resolution

   • If the adjoining owner disputes the proposed works, a party wall surveyor (or two surveyors, one for each party) must be appointed to resolve the dispute through a Party Wall Award.

What Must a Party Wall Notice Include?

A valid Party Wall Notice should contain:

• The name and address of the building owner (who is carrying out the work).
• The address of the property where the work is being carried out.
• A clear description of the proposed work.
• The date when the work is intended to start.
• A statement that the notice is being served under the Party Wall etc. Act 1996.
• The response options available to the neighbor (agree, dissent, or request modifications).
• A request for a written response within 14 days.

Types of Party Wall Notices

1. Line of Junction Notice (for new walls on boundaries) – Section 1.
2. Party Structure Notice (for alterations to an existing party wall) – Section 3.
3. Notice of Adjacent Excavation (for excavation near a neighboring property) – Section 6.

Would you like assistance in drafting a Party Wall Notice?