The short answer
Serve once your design is settled enough to describe the work accurately, and early enough for the notice period to run before your intended start. Serve too late and the project is delayed; serve too early and the notice may be vague or inconsistent with the drawings.
Why it matters
Notice periods are fixed by the Act:
- one month for a line of junction notice (section 1);
- two months for a party structure notice (section 3);
- one month for a notice of adjacent excavation (section 6).
A notice should not be served more than 12 months before the intended start of the works. A clear, accurate notice makes consent more likely; a vague or inconsistent one pushes neighbours to seek outside advice and makes dissent more likely. Once a neighbour seeks external advice, the building owner is often at the mercy of whoever gives it.
What to do now
- Work back from your intended start date and add the relevant notice period.
- Wait until the design is settled enough to describe the work properly, then serve.
- Include what the Act requires: section 1 must describe the intended wall; section 3 must state the nature and particulars of the work (with drawings, sections and construction details where special foundations are proposed); section 6 must include plans and sections showing the site and depth of the excavation or foundations.
- Where drawings help, make them coherent so they answer the neighbour’s questions before they are asked.
- Speak to your neighbour before serving, ideally at the planning stage, and consider trial pits to establish foundation depths.
Common mistakes
- Serving so late that the notice period delays the build.
- Serving before the design is fixed, so the notice and drawings do not match.
- Assuming the neighbour will waive the period — many will, but some need the full time for exams, a holiday, a new baby or an event.
- Using the unexpired notice period as an excuse to delay an award that could sensibly be agreed sooner.
When to call Coburns
If you are planning work and want notices that are valid, well-timed and unlikely to trigger dissent, send us your plans and we will prepare and serve them at the right moment.