Party wall notices: how to serve one (and how to respond)

A party wall notice is the formal letter that starts the Party Wall Act process. Get it right and most projects sail through; get it wrong and the clock restarts - or worse, everything you agree afterwards is built on an invalid foundation. Here's how notices work from both sides of the fence.

The three types of notice

| Notice | When it's used | Minimum notice period | | --- | --- | --- | | Party structure notice | Work on the shared wall itself (beams, chimney breasts, underpinning) | 2 months | | Line of junction notice | New wall at or astride the boundary | 1 month | | Notice of adjacent excavation | Digging within 3m/6m of a neighbouring building, deeper than its foundations | 1 month |

One project can need more than one type - a rear extension often involves a line of junction notice and an excavation notice.

What a valid notice must include

• Your name and address (all owners, if the property is jointly owned)
• The address of the building work
• A clear description of the proposed work - drawings help, and excavation notices must include plans showing depth and position
• The planned start date
• The date the notice is served

Notices can be hand-delivered, posted, or emailed if the neighbour has agreed to receive them electronically. Serve one on every adjoining owner affected - including leaseholders and freeholders separately where a neighbouring property is split into flats.

After you serve: the three outcomes

1. Written consent within 14 days. Brilliant - no award needed. Take dated photos of the neighbouring property before starting anyway.
2. Dissent. A dispute formally arises and surveyors are appointed - either one "agreed surveyor" for both sides, or one each. They produce a party wall award authorising the work.
3. Silence. No reply within 14 days counts as dissent, not consent. A further request gives them 10 days to appoint a surveyor; if they still don't, you can appoint one on their behalf and the process continues.

If you've received a notice

Don't panic, and don't ignore it. Your realistic options:

• Consent - sensible for minor work, ideally with photos of your property's condition first.
• Dissent and agree a single surveyor - you get the protection of an award without slowing things down much.
• Dissent and appoint your own surveyor - for bigger jobs (basements, major excavation) this is often worth it, and the building owner normally pays your surveyor's reasonable fees.

You cannot use the Act to stop lawful work - but the award controls how and when it's done, and protects you if damage occurs.

Common mistakes that void notices

• Serving on the occupier instead of the owner (or missing leaseholders)
• Missing plans on an excavation notice
• Describing the work too vaguely for the neighbour to understand its effect
• Starting work before the notice period or award

If any of this feels like a minefield, it's exactly what party wall surveyors handle daily - many will serve your notices for a modest fixed fee, and you can compare quotes from verified local specialists here in about a minute.