What This Requirement Covers
The Party Wall etc. Act 1996 requires the building owner to serve a written notice on the adjoining owner before carrying out certain types of work. There are three types of notice, each corresponding to a different section of the Act.
Key Requirements
Line of Junction Notice (Section 1)
- Served when building a new wall on or astride the boundary between two properties
- Must be served at least one month before starting work
- The notice must describe the proposed wall and its position relative to the boundary
- The adjoining owner must consent to a wall built astride the boundary; a wall built entirely on the building owner's land does not require consent but still requires notice
Party Structure Notice (Section 2)
- Served when carrying out work to an existing party wall (shared wall)
- Must be served at least two months before starting work
- The notice must describe the work in detail, including the nature of the work, the affected part of the wall, and the proposed start date
- Common works requiring Section 2 notice: cutting into the wall for beams, underpinning, raising or demolishing the wall, inserting DPCs, or weatherproofing the wall
Notice of Adjacent Excavation (Section 6)
- Served when excavating within 3 metres of a neighbouring building where the excavation goes below the neighbour's foundation level, or within 6 metres where the excavation crosses a 45-degree line from the bottom of the neighbour's foundation
- Must be served at least one month before starting work
- The notice must include plans showing the proposed excavation depth and its relationship to the adjoining owner's building and foundations
What the Notice Must Contain
- The building owner's name and address
- The address of the building where work will be carried out
- A clear description of the proposed work
- The proposed start date
- A statement that the notice is served under the relevant section of the Act
Practical Compliance Tips
- Serve notices well in advance of the planned start date; the statutory periods (1 or 2 months) plus the 14-day response period can add 6-10 weeks to the programme
- Use recorded delivery or hand-deliver notices to ensure proof of service
- Include clear drawings with the notice to help the adjoining owner understand the proposed work
- If the adjoining owner does not respond within 14 days, a dispute is deemed to have arisen and the surveyor process begins
- Keep copies of all notices, proof of service, and responses with the project records
- Consider serving a letter of introduction before the formal notice to explain the project and build goodwill
- If the adjoining property is empty or the owner cannot be traced, the notice can be fixed to the building or left at the address