Overview
Serving party wall notices at the right time is essential. Serve them too late and the project may be delayed. Serve them too early, before the design is settled, and the information may be incomplete or inaccurate.
1. Know the relevant notice period
The usual notice periods are:
- one month for a line of junction notice under section 1;
- two months for a party structure notice under section 3;
- one month for a notice of adjacent excavation under section 6.
A notice should not be served more than 12 months before the intended start of the relevant works.
2. Do not rely on neighbours waiving the period
Many adjoining owners are happy to waive or shorten the notice period once they understand the works and the paperwork is in order.
However, that should not be assumed. A neighbour may have a garden event, exams, a new baby, a holiday or another reason for wanting the full period to run.
Some surveyors also use the unexpired notice period as an excuse not to progress an award. In our view, that is poor practice where the award can sensibly be agreed sooner.
3. Serve early, but not before the design is ready
The best time to serve notice is usually once the design is sufficiently settled and you know what work is actually proposed.
If the notice is vague, incomplete or inconsistent with the drawings, the adjoining owner is more likely to seek advice elsewhere and more likely to dissent.
4. What information is required?
The Act sets different requirements for different notices.
For section 1, the notice must describe the intended wall.
For section 3, the notice must state the nature and particulars of the proposed work. Where special foundations are proposed, drawings, sections and details of construction are required.
For section 6, the notice must be accompanied by plans and sections showing the site and depth of the proposed excavation or foundation.
5. Examples
For chimney breast removal, a simple description may be enough, for example:
"Cut away chimney breast from the party wall and install associated structural support."
For notifiable excavations, drawings should show the site and depth of the proposed foundations, and the relationship to the adjoining owner's foundations.
6. Use drawings to answer questions before they are asked
Party wall notices do not always need detailed drawings. However, where drawings are advisable, they should tell the full story.
A coherent set of drawings can answer questions before the neighbour feels the need to ask someone else. Once a neighbour seeks external advice, the building owner is often at the mercy of the person giving that advice.
7. Speak to the neighbour first
Where possible, discuss the plans before serving notice, ideally before or during the planning stage. Explain what is proposed and why party wall notices are required.
8. Trial pits
Trial pits can often be dug before the main notice process where they are needed to establish foundation depths. The information can help the design and may give the neighbour confidence that the project is being properly managed.
9. DIY or professional notices?
Anyone can prepare and serve a party wall notice, but the notice must still be legally valid.
Getting it wrong can damage confidence, delay the project and increase costs. For most structural work, using a party wall surveyor at the notice stage is usually cost-effective.