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Party wall notices: what homeowners need to do

The Party Wall etc. Act 1996 may require you to give your neighbour written notice before building work starts. That applies if the work touches a wall you share with next door, puts a new wall on the boundary, or digs foundations close to a neighbour's building. The duty is yours as the owner having the work done, not your builder's.

This guide is general information about what the Act says. It is not advice on your own situation. If the work is complicated, or your neighbour does not agree, a party wall surveyor or a solicitor can advise you.

Where it applies. Section 22(4) says the Act "extends to England and Wales only". Scotland and Northern Ireland have different rules. The Act is also separate from planning permission and building regulations: gov.uk's explanatory booklet says getting one does not remove the need for the others.

The words the Act uses

  • Building owner. "An owner of land who is desirous of exercising rights under this Act" (section 20). That is you, as the person having the work done.
  • Adjoining owner. The owner of the land or building next to yours. For digging work, it also includes owners of buildings within the distances in section 6, even if they are not next door. gov.uk's booklet says owners include the freeholder and a leaseholder whose lease is for more than a year, and that you must notify all of them.
  • Party wall. A wall that stands astride the boundary and forms part of a building, or a wall on one owner's land that separates buildings belonging to different owners (section 20). The Act also covers a "party fence wall": a wall that is not part of a building and stands astride the boundary, such as a masonry garden wall. gov.uk's booklet says wooden fences and hedges are not included.

Which notice your work needs

Some jobs need more than one notice. gov.uk's booklet says the example letters can be combined into one, as long as all the required information is given.

Work to an existing party wall: a party structure notice

Section 2 lists the work this covers. It includes underpinning, thickening or raising a party wall, cutting into it for any purpose (including a damp proof course), cutting away a chimney breast, and demolishing and rebuilding it. It also covers a "party structure", such as a floor between flats with separate entrances (section 20). gov.uk's booklet gives the example of cutting into a party wall to take the bearing of a beam, for instance for a loft conversion.

  • What the notice must state (section 3(1)): your name and address; the nature and particulars of the proposed work; and the date the work will begin.
  • Special foundations. These are foundations in which "an assemblage of beams or rods is employed for the purpose of distributing any load" (section 20). If you propose them, the notice must also include plans, sections and details of construction, with reasonable particulars of the loads.
  • When: at least two months before the work begins (section 3(2)(a)).
  • Minor work. gov.uk says: "You do not need to tell your neighbour about minor changes, for example plastering, adding or replacing electrical wiring or sockets, or drilling to put up shelves or cabinets." Its booklet says the key question is whether the work could affect the wall's structural strength or damage your neighbour's side. If unsure, ask a building professional.

A new wall on the boundary: a line of junction notice

Section 1 applies where the land along the boundary (the "line of junction") is not built on, or has only a boundary wall that is not a party fence wall or the outside wall of a building.

  • A wall astride the boundary. Serve a notice describing the wall at least one month before the work is due to start (section 1(2)). If your neighbour consents by notice within 14 days, the wall is built half on each side (or where you agree), with the cost shared by use (section 1(3)). If not, you may build only wholly on your own land and at your own expense (section 1(4)).
  • A wall wholly on your side, up to the boundary. Serve a notice describing the wall at least one month before the work is due to start (section 1(5)).
  • Footings. For a wall built wholly on your land, you may place necessary projecting footings under your neighbour's land. You can do this from one month to twelve months after the notice (section 1(6)). Special foundations need their written consent (section 7(4)). You compensate for damage caused by building the wall or placing the footings (section 1(7)).

Digging near a neighbour's building: a notice of adjacent excavation

Section 6 applies if you propose to dig, or dig and build, in either of these places:

  • within 3 metres of a neighbour's building or structure, going lower than the bottom of its foundations; or
  • within 6 metres of it, where the dig would meet a line drawn down at 45 degrees from the bottom of its foundations.

What the notice must do:

  • Content. Say what you propose, and whether you propose to underpin or otherwise strengthen or safeguard your neighbour's foundations. Include plans and sections showing where the dig will be, how deep, and where any new building will go (section 6(5) and (6)).
  • When. Serve it at least one month before you start digging (section 6(5)).
  • What your neighbour can require. They can require you to underpin or safeguard their foundations at your expense, so far as necessary (section 6(3)). After the work, they can ask for particulars, including plans and sections (section 6(9)).

Serving the notice

There is no official form. gov.uk's booklet has example letters you can base a notice on, and recommends dating it and saying clearly that it is a notice under the Act. Section 15 says a notice may be served:

  • by handing it to the person;
  • by post to their usual or last-known home or place of business in the UK;
  • for a company, by delivering or posting it to the secretary or clerk at its registered or principal office;
  • by email, only if the person has said they will accept notices that way, has not withdrawn that, and you use the address they gave;
  • on the owner of premises, by addressing it to "the owner" of the premises (naming them) and handing it to someone there. If no one can be found, you can fix it to a conspicuous part of the premises.

Keep a copy of every notice, with the date and how you served it. The periods run from the day of service. Your builder, architect or surveyor can prepare the notice, but it is given on behalf of you as the building owner.

Your neighbour's 14 days

Party structure notices and excavation notices. If your neighbour does not serve a notice consenting within the 14 days beginning with the day your notice was served, a dispute is treated as having arisen (sections 5 and 6(7)). gov.uk says: "You cannot assume that no response means they agree to the works."

A wall astride the boundary. If your neighbour does not consent within 14 days, you can build only wholly on your own land, at your own expense (section 1(4)). Any dispute under section 1 goes to the surveyor procedure below (section 1(8)).

Counter notices. After a party structure notice, your neighbour has one month to serve a "counter notice" asking for extra works for their benefit, such as chimney flues, piers or recesses, or deeper or stronger special foundations. You must carry these out unless they would harm you or cause you unnecessary inconvenience or delay, and your neighbour pays for works done at their request (sections 4 and 11(9)). If you do not consent to a counter notice within 14 days, a dispute is treated as having arisen (section 5), which is the point to involve a surveyor.

Starting sooner. For work to an existing party wall, section 3(3)(a) lets you start earlier with the written consent of the adjoining owners and occupiers. gov.uk's booklet says the same for the other notices: start early only with written agreement. gov.uk also says your neighbours cannot stop lawful changes, "but they can affect how and when your works are carried out".

When there is a dispute: surveyors and the award

Choosing surveyors (section 10(1)). There are two ways:

  • you and your neighbour agree on one surveyor, called the "agreed surveyor"; or
  • you each appoint a surveyor, and those two select a third.

The rules on appointments.

  • Appointments must be in writing and cannot be withdrawn (section 10(2)).
  • If your neighbour refuses to appoint a surveyor, or does not do so within 10 days of your written request, you can appoint one on their behalf (section 10(4)).
  • gov.uk says: "You cannot act as your own surveyor."

The award. The surveyors settle the dispute by an "award". It can decide the right to do the work, when and how it is done, and other matters, including the costs of making the award (section 10(12)). gov.uk's booklet says it often records the condition of your neighbour's property before work begins.

Appeals. The award is conclusive (section 10(16)). Either of you can appeal to the county court within 14 days beginning with the day the award was served on you, so the day of service counts as day 1 (section 10(17)). If no dispute arises, the Act does not require a surveyor.

Costs

  • The work. The building owner pays for work done under the Act, except as section 11 provides (section 11(1)).
  • Shared costs. Work needed because of defects or disrepair is shared according to each owner's use and responsibility (section 11(4) and (5)).
  • Work your neighbour asks for. Your neighbour pays for it (section 11(9)).
  • Less common cases. Section 11 also deals with an allowance for disturbance in some rebuilding work, and a share of the cost if your neighbour later uses work you paid for.
  • Surveyors' costs. The reasonable costs of making the award, reasonable inspections and other matters arising from the dispute are paid by whichever party the surveyors decide (section 10(13)). gov.uk's booklet says "Usually the Building Owner will pay all costs associated with drawing up the award including the adjoining owner's surveyor's fees, if the works are solely for the Building Owner's benefit", and that there are no set charges.
  • Security. Your neighbour can serve a notice asking you to give security for expenses before you start (section 12(1)). Security means money or another arrangement set aside in case the work stops part-way, as agreed between you or decided by the surveyors.

Compensation, access and next door's property

  • You must not cause unnecessary inconvenience (section 7(1)).
  • You must compensate your neighbour, owner and occupier, for loss or damage resulting from work under the Act (section 7(2)).
  • Where the work lays their land or building open, you must provide proper hoarding, shoring or other temporary works to keep it safe and secure (section 7(3)).
  • Your neighbour can ask to be paid the cost of making good damage instead of having you repair it (section 11(8)).
  • You, your builder and your surveyor may enter next door during usual working hours to do the work, after giving the owner and occupier 14 days' notice, except in an emergency (section 8).

gov.uk's booklet says the building owner is legally responsible for putting right damage "even if the damage is caused by his contractor". Before work starts, read what your contract with the builder says about damage to neighbouring property, and ask to see the builder's insurance.

When a notice runs out

A party structure notice or excavation notice "shall cease to have effect" if the work has not begun within 12 months of the day it was served and is not "prosecuted with due diligence", meaning carried on steadily (sections 3(2)(b) and 6(8)). gov.uk's booklet simplifies this to "only valid for a year". The Act's test is the one in this section. gov.uk's guidance is to give notice between 2 months and a year before you plan to start.

If work starts without a notice

gov.uk's booklet says the Act has no enforcement procedure for failing to serve a notice. But your neighbour can seek a court injunction (an order to stop the work) or other legal redress.

When to get a party wall surveyor

These are practical pointers, not legal requirements. Consider a surveyor when:

  • you are not sure whether the Act applies;
  • a dispute has arisen, because your neighbour disagrees or has not replied within 14 days to a party structure or excavation notice;
  • the work involves special foundations or digging, where plans and sections are needed;
  • your neighbour serves a counter notice or asks for security.

gov.uk's booklet says the surveyor should not already be engaged to supervise the building work, and that fees are for you to agree.

Free official guidance

Common questions

My builder says a loft conversion does not need a notice. gov.uk's booklet gives cutting into a party wall "to take the bearing of a beam (for example for a loft conversion)" as a section 2 right. If your job does that, a party structure notice is needed at least two months before work begins.

My neighbour said yes when we spoke. Is that enough? For a party structure or excavation notice, the Act looks for a notice indicating consent within 14 days. Ask your neighbour to reply in writing. Without that, a dispute is treated as having arisen.

What our documents do not do

The Party Wall Notice Pack gives you the notices and the particulars each section of the Act asks for. It does not decide whether the Act applies to your work, which notice you need, or what an award should say. Where there is a dispute, that is for the surveyors. What our documents can and cannot promise.

Quotations from gov.uk and legislation.gov.uk contain public sector information licensed under the Open Government Licence v3.0.

Documents for this work