The short answer
A party wall notice is a formal written notice you must give your neighbour (the adjoining owner) before you start certain building work covered by the Party Wall etc. Act 1996. It sets out what you intend to do, where and when, and it starts the statutory process that protects both sides. You need one before working on a shared wall, building on the boundary, or excavating close to your neighbour’s building.
Why it matters
There are three notices, depending on the work:
- Party structure notice — for work to an existing party wall or structure (a party structure notice under section 3). Served at least two months before work begins.
- Line of junction notice — for building a new wall up to or across the boundary (section 1). Served at least one month before.
- Notice of adjacent excavation — for digging within three metres and below your neighbour’s foundations, or within six metres on the 45° line (section 6). Served at least one month before, with plans and sections showing the depth.
A valid notice must name the owners correctly, describe the work accurately, and give the proposed start date. You cannot lawfully begin until the notice period has passed and any dispute has been resolved by an award. Notices matter: the courts have confirmed that without a valid notice the Act’s protections simply do not apply, which can expose a building owner to a common-law injunction and damages.
What to do now
- If a surveyor is needed, use one. Both owners can appoint a single impartial ‘agreed surveyor’ rather than one each — quicker, cheaper and less adversarial. Coburns recommends a single agreed surveyor wherever possible.
- Work out which notice (or combination) your project needs.
- Prepare it with accurate owner details, a clear description and, for excavation, plans and sections.
- Serve it on every adjoining owner, allowing the full notice period before your start date.
- Be ready for the response: consent, dissent, or no reply within 14 days (which counts as a dispute).
Common mistakes
- Serving too late, so the notice period eats into your build programme.
- Using the wrong notice, or leaving out plans on an excavation notice.
- Missing an owner — a freeholder, a leaseholder or the flat next door.
- Serving a vague or inaccurate notice that can later be challenged.
- Starting work before the period expires.
When to call Coburns
We prepare and serve party wall notices free of charge. Send us your plans and we will identify the right notices, get the details right first time, and serve them on the correct owners so your project starts on a sound footing.