Party Wall Notice Advice from a Human Party Wall Surveyor!
In the age of AI, a quick online search can produce a huge amount of conflicting advice. Party wall matters are a particularly good example: one source says a notice is required, another says it is not, and homeowners are often left unsure what the correct next step should be.
At Stokemont, we believe party wall advice should be clear, practical and based on the works actually being undertaken.
This guide explains the main types of Party Wall Notice, when they are likely to apply, the relevant notice periods and what happens once a notice has been served.
Whether you are a building owner planning construction works or an adjoining owner who has received a Party Wall Notice, understanding the fundamentals can help you make an informed decision.
Do I Need to Serve a Party Wall Notice?
If you are planning an extension, loft conversion, basement, structural alteration or other building work close to a neighbouring property, your works may fall within the scope of the Party Wall etc. Act 1996.
One of the most common areas of confusion is determining which Party Wall Notice is required.
There is no single notice that covers every type of building project. The correct notice depends on:
- the nature of the proposed works;
- where those works sit in relation to the boundary;
- whether an existing party wall or party structure will be altered; and
- whether excavations will take place close to neighbouring foundations.
A single project can require more than one type of Party Wall Notice.
The Three Main Types of Party Wall Notice
For most residential construction projects, the relevant Party Wall Notices fall into three main categories:
- Section 1 – Line of Junction Notice
- Sections 2 and 3 – Party Structure Notice
- Section 6 – Excavation Notice
Your project may fall within one, two or all three categories.
So, what do these actually mean in construction terms?
1. Line of Junction Notice – Section 1
A Line of Junction Notice generally relates to the construction of a new wall at or close to the boundary between two properties.
This commonly arises with rear and side extensions where the proposed external wall is to be constructed either:
- wholly on the building owner’s land but immediately adjacent to the boundary; or
- astride the boundary, creating a new party wall.
Notice period
A Section 1 Notice should generally be served at least one month before the relevant works begin.
Building a New Wall Wholly on Your Own Land
If you intend to construct a new wall entirely within your own land but directly against the boundary, a Party Wall Notice may still be required.
The important distinction is that the wall remains entirely within your ownership.
Your neighbour does not acquire ownership of the wall simply because it is positioned directly alongside the boundary.
Building a New Wall Astride the Boundary
A different position applies where you would like the new wall to sit across the boundary line.
You cannot simply construct part of a new wall on your neighbour’s land without their agreement.
Where the adjoining owner provides written consent, the wall can potentially be constructed astride the boundary and form a new party wall.
If consent is not provided, the proposed wall will generally need to be constructed wholly within the building owner’s land.
Common Projects Requiring a Line of Junction Notice
Section 1 commonly arises with:
- rear extensions;
- side-return extensions;
- new flank walls;
- garden structures built at the boundary;
- replacement boundary walls forming part of a development; and
- other new structures positioned immediately alongside the boundary.
2. Party Structure Notice – Sections 2 and 3
A Party Structure Notice applies where the proposed works directly affect an existing party wall, party structure or party fence wall.
These provisions cover a wide range of construction works involving an existing shared structure.
Notice period
A Party Structure Notice should generally be served at least two months before the relevant works begin.
What Types of Work Can Require a Party Structure Notice?
Common examples include:
- inserting steel beams into a party wall;
- forming beam pockets or bearing positions;
- raising an existing party wall;
- removing a chimney breast connected to a party wall;
- cutting flashings or weathering into a wall where the Act permits;
- underpinning or strengthening a party structure;
- exposing a previously enclosed party wall;
- repairing or rebuilding a defective party wall; and
- carrying out other structural alterations directly affecting a party structure.
Loft Conversions and Party Wall Notices
Loft conversions are one of the most common projects to engage the Party Wall etc. Act 1996.
Where structural steel beams are designed to bear into or be supported by a party wall, those works will commonly require notice.
The Act may also apply where the existing party wall is to be raised to accommodate a new roof structure.
The structural engineer’s drawings are therefore particularly important when determining the correct Party Wall Notice requirements for a loft conversion.
Chimney Breast Removal
The removal of a chimney breast can also fall within the Party Wall etc. Act 1996.
Even where the chimney breast itself is located entirely within your property, removing it may involve cutting away from, exposing or otherwise affecting the party wall.
The works should therefore be reviewed before removal takes place to establish whether Party Wall Notice service is required.
3. Section 6 Excavation Notice
The Party Wall etc. Act does not deal only with walls.
One of the most commonly overlooked areas of the Act relates to excavations and foundations close to neighbouring buildings or structures.
A Section 6 Notice may therefore be required even where the new extension or building does not physically touch the neighbouring property.
The 3 Metre Rule
The first test considers excavation taking place within 3 metres of a neighbouring building or structure.
Where the proposed excavation will extend below the bottom of the neighbouring property’s existing foundations, the works may fall within Section 6.
This is particularly common with rear and side extensions where new foundations are being constructed close to an older property with relatively shallow foundations.
The 6 Metre Rule
Section 6 also contains a separate test applying to certain deeper excavations within 6 metres of a neighbouring building or structure.
This considers a 45-degree plane taken from the bottom of the adjoining owner’s foundations towards the proposed excavation.
It is therefore not simply a case of measuring six metres from the neighbouring building.
The depth, location and relationship between the respective foundations must also be considered.
Common Projects Requiring a Section 6 Notice
Examples can include:
- rear extensions;
- side extensions;
- basement excavations;
- new-build developments;
- deep pad foundations;
- retaining structures; and
- other works involving deep excavation close to neighbouring buildings.
Notice period
A Section 6 Notice should generally be served at least one month before excavation begins.
The notice should also be supported by appropriate drawings showing the position and depth of the proposed excavation and foundations.
What Happens After a Party Wall Notice Is Served?
Once the relevant notice has been served, the adjoining owner will have an opportunity to respond.
For Party Structure Notices and Section 6 Notices, the adjoining owner may either consent to the works or a dispute may arise under the Act.
Where no written response is received within the applicable 14-day response period, the matter will generally move into the dispute resolution procedure.
If surveyors are appointed, the process will usually progress towards the agreement of a Party Wall Award.
What Is a Party Wall Award?
A Party Wall Award is the formal document agreed by the appointed surveyor or surveyors.
It records the relevant notifiable works and can include provisions dealing with matters such as:
- how the works are to be undertaken;
- construction methods;
- access arrangements;
- protective measures;
- working arrangements;
- making good;
- procedures in the event of damage; and
- other matters falling within the surveyors’ jurisdiction.
The purpose is to provide a clear framework within which the notifiable works can proceed while protecting the respective owners’ rights.
What Is a Schedule of Condition?
A Schedule of Condition is a written and photographic record of the relevant areas of the adjoining owner’s property before the notifiable works begin.
It provides an important reference point if damage is subsequently alleged.
For example, if cracking is identified after construction begins, the Schedule of Condition can help establish whether that cracking was already present before the works commenced.
The Schedule therefore protects both parties by creating a clear record of the property’s pre-work condition.
Can I Serve a Party Wall Notice Myself?
Yes.
A building owner is entitled to serve their own Party Wall Notice. There is no requirement for a Party Wall Surveyor to serve it on their behalf.
However, the notice still needs to comply with the Party Wall etc. Act 1996 and accurately describe the relevant works.
Depending on the notice type, it will need to contain the appropriate details regarding:
- the building owner;
- the property;
- the proposed works;
- the proposed commencement date; and
- where applicable, relevant drawings and excavation information.
For straightforward works, some owners choose to serve notices themselves.
For more involved schemes, professional review can help avoid common problems such as:
- serving the wrong notice;
- failing to notify all relevant owners;
- omitting required information;
- relying on drawings that do not adequately describe the works; or
- discovering shortly before construction that notices need to be served again.
What Happens if My Neighbour Consents?
If the adjoining owner provides written consent to the Party Wall Notice, the formal dispute resolution procedure may not be required.
This can considerably simplify the process.
However, consent does not remove the building owner’s responsibility for damage caused by their works.
For this reason, some owners choose to arrange a photographic Schedule of Condition even where the adjoining owner has consented.
This can provide both parties with a useful record of the neighbouring property’s condition before construction begins.
What Happens if My Neighbour Dissents?
Dissenting to a Party Wall Notice does not mean that the adjoining owner has refused planning permission or prevented the project from proceeding.
The Party Wall etc. Act 1996 provides a process through which notifiable works can proceed while appropriate protections are put in place.
Where a dispute arises, the owners can generally:
- jointly appoint one Agreed Surveyor; or
- each appoint their own Party Wall Surveyor.
The appointed surveyor or surveyors can then review the relevant works and agree the Party Wall Award.
Should I Use an Agreed Surveyor or Two Surveyors?
Where both owners are comfortable appointing the same surveyor, an Agreed Surveyor can act impartially for both parties.
Alternatively, each owner can appoint their own surveyor.
Party Wall Surveyors are required to act within the framework of the Act rather than simply advocate for whichever owner appointed them.
When Should I Speak to a Party Wall Surveyor?
Ideally, before notices are served.
A Party Wall Surveyor can review the proposed drawings and advise on:
- whether the Party Wall etc. Act 1996 applies;
- which neighbouring owners need to receive notice;
- which sections of the Act are relevant;
- whether several notices are required;
- whether the available drawings contain sufficient information; and
- how the Party Wall process should fit within the proposed construction programme.
Dealing with these issues early can considerably reduce the risk of delay later.
Party Wall Notice Advice from Stokemont
At Stokemont, our Party Wall Surveyors regularly assist both Building Owners and Adjoining Owners throughout London and the surrounding areas.
If you are planning an extension, loft conversion, basement, structural alteration or other construction works and are unsure which Party Wall Notice you need, we can review the proposed works and advise on the appropriate next steps.
Our Party Wall services include:
- Party Wall Notice preparation and service;
- Building Owner Surveyor appointments;
- Adjoining Owner Surveyor appointments;
- Agreed Surveyor appointments;
- Schedules of Condition;
- Party Wall Awards; and
- ongoing advice throughout the Party Wall process.
Speak to a Party Wall Surveyor
If you would like advice on whether the Party Wall etc. Act 1996 applies to your proposed works, send us your architectural and structural drawings and one of our surveyors can review the position.
Contact Stokemont today to discuss your Party Wall requirements.
