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Guide

Party Wall Notices: What You Need to Serve, and When

The Party Wall etc. Act 1996 requires you to serve written notice on affected neighbours before certain building work. A party structure notice must be served at least two months before work starts; a line of junction notice and an adjacent excavation notice must each be served at least one month before. These are calendar months, and the clock does not start until the notice is served.

The three notices, and the periods that go with them

A party structure notice covers work to a shared wall itself — cutting in to take a steel beam, raising it, underpinning it, or removing a chimney breast attached to it. This is the most common notice on a London terrace, and it requires two months before work can begin.

A line of junction notice applies when you build a new wall up to or astride the boundary line where none exists. It requires one month.

An adjacent excavation notice applies when you excavate within 3 metres of a neighbouring structure and go deeper than its foundations, or within 6 metres where the excavation cuts a line drawn down at 45 degrees from their foundation. It also requires one month.

The periods are calendar months and run from the date the notice is served, not the date you posted it or decided to do the work. This is why party wall matters should be started early — it is one of the most common reasons a start date slips.

What happens after you serve

A neighbour can consent in writing, in which case the process ends there and you can proceed on the agreed date. They can dissent, which means surveyors are appointed and a party wall award is drawn up setting out how the work will be done and recording the condition of their property beforehand.

Or they can do nothing. Silence is not consent — after 14 days without a response, a dispute is deemed to have arisen and the surveyor route begins automatically. Many homeowners assume no reply means no objection; it means the opposite.

Where a neighbour dissents they may appoint their own surveyor, or both parties may agree on a single "agreed surveyor". The building owner normally pays the reasonable surveyor costs, which is worth budgeting for at the outset rather than discovering mid-project.

What the Act does not do

It is not planning permission and it is not Building Regulations approval. You can have all three obligations on one project and satisfying one does nothing for the others.

It also does not give a neighbour a veto. A neighbour cannot stop reasonable work that falls under the Act; the dissent route determines how the work is done and protects their property, not whether it happens.

Proceeding without serving notice where notice was required leaves you exposed to an injunction and to claims for any damage, with the burden falling on you rather than on them. It is a legal process worth doing properly, and it is normally a matter for a party wall surveyor rather than the builder.

Questions

Common questions

How long does a party wall notice take?

Two calendar months for a party structure notice, and one calendar month for a line of junction or adjacent excavation notice. The period runs from the date of service.

What if my neighbour ignores the notice?

Silence is not consent. If there is no response within 14 days, a dispute is deemed to have arisen and surveyors are appointed to draw up a party wall award.

Can a neighbour refuse to let me build?

No. The Act does not give a veto over work that falls within it. Dissent triggers the surveyor process, which governs how the work is carried out and protects the neighbouring property.

Who pays for the party wall surveyor?

The building owner carrying out the work normally pays the reasonable costs of the surveyors, so it should be included in the budget from the start.

This guide is general information, not advice on a specific property. Planning rules, permitted development rights and consents vary by address — conservation areas, listed buildings, flats and Article 4 directions all change the position. Confirm the position for your own property with your local planning authority before committing to a design.

Discuss your project

Send a message with a few photographs and a description of what you have in mind. You will get a straight answer about whether it is something we can take on, and roughly what it involves.

Or email info@ercohomeimprovements.co.uk