Resource guide | 10 min read
Party Wall Notice Guide: What Homeowners Need to Know (2026)
If you are planning building work that affects a shared wall, boundary, or excavation near a neighbouring property, you are likely required to serve a party wall notice under the Party Wall etc. Act 1996. This guide explains what a party wall notice is, when you need to serve one, how to do it, and what happens if your neighbours do not consent. Crown Party Wall Surveyors helps building owners and adjoining owners navigate the party wall process across London, Kent, Essex, Surrey, and Hertfordshire. For a free consultation, call +44 7950 114633 or email info@crownpartywall.co.uk.
What Is the Party Wall etc. Act 1996?
The Party Wall etc. Act 1996 is a piece of English and Welsh legislation that provides a framework for preventing and resolving disputes between neighbours over building works that affect shared walls, boundaries, or excavation near neighbouring buildings.
The Act applies in England and Wales only. Scotland has separate legislation; Northern Ireland does not have an equivalent Act.
The Act covers three main types of work:
Section 1 — New wall on the line of junction (boundary)
Building a new wall on or astride the boundary between two properties.
Section 2 — Works to an existing party wall or party structure
Works to an existing shared wall, floor between flats, or other party structure. This includes cutting into the wall, raising or extending it, underpinning it, or making it good after excavation.
Section 3/6 — Excavation near neighbouring buildings
Excavating within 3 metres of a neighbouring building to a depth that would go below the foundations of that building; or within 6 metres where excavation would disturb the soil on a line drawn at 45 degrees from the base of the neighbour's foundations.
When Do You Need to Serve a Party Wall Notice?
You must serve a party wall notice before starting work on any of the following:
Building a rear extension that involves cutting into a shared wall — Section 2 notice required. Building a loft conversion that involves raising or cutting into a shared wall — Section 2 notice required. Removing a chimney breast on a shared wall — Section 2 notice required. Underpinning a shared wall or foundation — Section 2 notice required. Basement excavation within 3 or 6 metres of a neighbour's building — Section 6 notice required. New wall built on the boundary — Section 1 notice required. Drilling into a shared wall to fit new beams — Section 2 notice required. Internal works not affecting the shared wall — no notice required. Works entirely within your own property not near boundaries — usually no notice required.
If in doubt, seek advice from a party wall surveyor.
How Much Notice Do You Need to Give?
The notice periods under the Act depend on the type of work:
Section 1 (new wall on boundary) — 1 month before starting work. Section 2 (works to party wall) — 2 months before starting work. Section 6 (excavation) — 1 month before starting work.
You must give notice before you start the relevant works. Starting work without serving notice is a civil wrong — it does not make the work unlawful, but it exposes you to injunctions and liability for any damage caused to the neighbouring property.
How to Serve a Party Wall Notice
A party wall notice must be in writing and must include:
- Your name and address (the building owner)
- The address of the building to be affected
- A description of the proposed works
- The proposed start date
- The date of the notice
Serving Notice by Post or Delivery
The notice must be served on every adjoining owner — every person with an ownership interest in any part of the neighbouring property. If a neighbouring property is tenanted, you may also need to serve the tenant.
Notices can be served by hand (delivered to the property or to the owner personally) or by post (first class, to the owner's address — deemed served on the second day after posting).
You do not need to use a solicitor or party wall surveyor to serve the initial notice, though a surveyor can prepare and serve it on your behalf.
Templates for party wall notices are available from the Government's Planning Portal and from party wall surveyors.
What Happens After You Serve the Notice?
Once a notice is served, the adjoining owner has 14 days to respond. They can consent, dissent, or fail to respond.
Option 1: Consent
The adjoining owner signs and returns the consent form. Work can proceed (subject to other requirements) without the need for a party wall award. Even where consent is given, a schedule of condition of the neighbouring property may be advisable to record its state before work begins.
Option 2: Dissent (Dispute)
The adjoining owner disagrees or does not respond within 14 days. A deemed dispute arises, and the matter proceeds to the appointment of party wall surveyors.
Option 3: No response within 14 days
If the adjoining owner does not respond within 14 days, a dispute is deemed to have arisen automatically.
What Happens When There Is a Dispute?
When a dispute arises, one or more party wall surveyors are appointed to resolve the matter by making a party wall award.
The surveyors can be appointed in two ways. Agreed surveyor: both parties agree to appoint a single surveyor who acts impartially for both. This is often faster and cheaper. Two surveyors: each party appoints their own surveyor. The two surveyors then work together to make the award. If they cannot agree, they appoint a third surveyor to adjudicate.
The party wall award sets out:
- The right to carry out the works
- The method and time for the works
- Arrangements to protect the adjoining property
- Provisions for access to the neighbouring property if needed
- Responsibility for the costs of the surveyors
What Is a Schedule of Condition?
A schedule of condition is a surveyor's record of the existing state of the adjoining property, prepared before works commence. It typically includes:
- Written descriptions of existing cracks, defects, and condition
- Photographic evidence
Why it matters
The schedule protects both parties: if damage occurs during the works, a clear before-and-after record makes it much easier to determine what was caused by the works and what was pre-existing.
A schedule of condition can be prepared whether or not the adjoining owner consents or disputes. It is strongly recommended for any project involving a shared wall or nearby excavation.
Crown Party Wall Surveyors provides schedule of condition surveys across London and the South East.
Party Wall Surveyor Costs
The cost of party wall surveying depends on the complexity of the works and the number of adjoining owners.
Typical costs:
- Building owner's party wall surveyor: £600 – £1,500+ for a standard residential project
- Agreed surveyor (both parties, one surveyor): £800 – £2,000+ for a standard project
- Adjoining owner's surveyor (separate appointment): £500 – £1,200+ (usually paid by the building owner)
- Schedule of condition: £250 – £600 per property
Common Mistakes Building Owners Make
Starting work without serving notice. This exposes you to civil claims and can be very costly if your neighbour obtains an injunction to halt the works.
Serving notice on the wrong person. Always check the Land Registry title to confirm who the legal owner is. If the property is tenanted or jointly owned, all owners must be notified.
Not giving enough notice. Section 2 works require 2 months' notice. Starting work before the notice period expires is a breach of the Act.
Assuming consent means no issues. Even where a neighbour consents, damage can still occur. A schedule of condition protects you by recording the pre-works state of the property.
Using the wrong notice type. Serving a Section 2 notice when a Section 6 (excavation) notice is also required means the excavation work is not covered.
Quick Reference Checklist
Before you start building work:
- Check whether any proposed work affects a shared wall, boundary, or nearby excavation
- Identify all adjoining owners (check Land Registry)
- Determine which type of party wall notice is required (Section 1, 2, or 6)
- Serve notice with the required notice period (1 or 2 months)
- Wait for the adjoining owner's response (14 days)
- If consent received: consider commissioning a schedule of condition
- If disputed: appoint party wall surveyor(s)
- Obtain party wall award before starting relevant works
- Keep all notices, awards, and correspondence safely
Related routes
Continue to the service pages most relevant to this topic
These links move readers from research into the service pages that best match the project stage they are in now.
Party wall surveyors
Independent and agreed party wall surveyors across London and the South East.
Party wall notice service
Notice drafting and service compliant with the Party Wall etc. Act 1996.
Schedule of condition
Detailed pre-works record protecting building and adjoining owners.
Party wall award
Award production where notices are dissented or undecided.
FAQ
Questions homeowners often ask next
How long does a party wall notice last?
A party wall notice is valid for 12 months from the date of service. If you have not started the relevant works within 12 months, you will need to serve a fresh notice.
Can my neighbour stop my building work by refusing consent?
No. Dissent does not stop the work; it triggers the dispute resolution procedure under the Act. Surveyors are appointed to produce a party wall award that sets out how the works may proceed while protecting the adjoining owner's interests.
Who pays the party wall surveyor's fees?
The building owner (the person carrying out the works) typically pays all reasonable surveyor's fees, including those of the adjoining owner's surveyor, unless the adjoining owner has caused unreasonable expense.
Do I need a party wall notice for a small loft conversion?
If the loft conversion involves cutting into, raising, or otherwise affecting a shared wall — for example to insert steel beams — then yes, a Section 2 notice is required at least 2 months before the work begins.
What if I have already started work without serving notice?
Stop the relevant works immediately and seek advice from a party wall surveyor. You may need to serve notice retrospectively, and you remain exposed to injunctions and liability for any damage. Acting quickly to regularise the position can reduce the risk.
Is a party wall notice the same as planning permission?
No. Planning permission and party wall notices are separate. You may need both, one, or neither depending on your project. The Party Wall Act is private law between owners; planning permission is granted by the local authority.
Ready to talk through your project?
Need a party wall notice drafted and served?
Crown Party Wall Surveyors prepares and serves compliant party wall notices across London, Kent, Essex, Surrey, and Hertfordshire. Call +44 7950 114633 or email info@crownpartywall.co.uk for a free initial consultation. We handle the Act 1996 process end to end so your project stays on schedule.
