If you are planning building work that could affect a shared wall, boundary or neighbouring property, you may need to serve a Party Wall Notice before work begins.
The Party Wall etc. Act 1996 provides a legal framework for certain types of building work affecting party walls, party structures, boundary lines and neighbouring buildings. It applies to England and Wales and is separate from the process of obtaining planning permission or building regulations approval.
Using an appropriate Party Wall Notice template can help a building owner understand the information that needs to be provided to an adjoining owner. However, the correct notice depends on the proposed works and the relevant section of the Act.
What Is a Party Wall Notice?
A Party Wall Notice is a formal written notification given by a building owner to an adjoining owner before carrying out certain works covered by the Party Wall etc. Act 1996.
The notice tells the adjoining owner about the proposed works and provides relevant information about the building owner, the property and the intended construction work.
There is no single official statutory Party Wall Notice form that must be used in every situation. The Government’s explanatory booklet provides example letters covering different types of work and notices.
A notice can take the form of a letter, provided it contains the information required by the Act.
When Is a Party Wall Notice Required?
A Party Wall Notice may be required where proposed works fall within the provisions of the Party Wall etc. Act 1996.
Examples of work covered by the Act can include:
- Work to an existing party wall or party structure
- Making a party wall higher, lower or deeper
- Cutting into a party wall
- Removing a chimney breast from a party wall
- Building a new wall on or near a boundary
- Excavating close to a neighbouring building where the statutory conditions apply
- Constructing foundations or other works that fall within the relevant provisions of the Act
The exact requirements depend on the proposed work, the relationship between the properties and the provisions of the Act.
What Information Should a Party Wall Notice Include?
For a party structure notice under section 3, the Party Wall etc. Act 1996 requires information including the building owner’s name and address, the nature and particulars of the proposed works and the date on which the work is intended to begin.
A practical Party Wall Notice should therefore identify:
Building Owner’s Details
The notice should state the name and address of the building owner.
Where there are joint owners, the Government guidance recommends naming all joint owners unless one person has authority to act on behalf of the others.
Adjoining Owner’s Details
The notice should be addressed to the relevant adjoining owner or owners.
Where there is more than one adjoining owner or adjoining property, all relevant adjoining owners may need to be notified.
Property Address
The notice should clearly identify the property where the proposed works will take place.
It should also identify the adjoining property affected by the proposed works.
Description of the Proposed Works
The notice should provide sufficient information about the proposed work.
For example, this could include:
- Construction of a rear extension
- Cutting into a party wall
- Removing part of a party wall
- Constructing a new wall
- Excavating for foundations
- Underpinning
- Installing steel beams into a party wall
Where special foundations are proposed, additional plans and construction information may be required.
Proposed Start Date
The notice should state when the building owner intends to begin the relevant works.
The proposed start date must take account of the applicable statutory notice period.
Date and Signature
The notice should be dated and signed by the building owner or owners.
The Government’s guidance recommends that all joint owners sign unless one has authority to sign on behalf of the others.
Party Wall Notice Template UK
The following is a general example for a Party Structure Notice. It should not be treated as a universal template for every type of Party Wall Act notice.
To:
[Name of Adjoining Owner]
[Address]
Date: [Date]
Dear [Name/Title],
Party Wall etc. Act 1996 – Notice of Proposed Works Under Section 3
I/We, [full name of Building Owner] of [address of Building Owner], am/are the owner(s) of [property address].
The property is adjacent to your premises at [adjoining property address].
In accordance with the Party Wall etc. Act 1996, I/we hereby give notice of my/our intention to carry out building works affecting the party structure.
The proposed works are as follows:
[Provide a clear description of the proposed works.]
The proposed works [do/do not] involve special foundations.
The intended date for commencement of the works is [date].
Please find enclosed any relevant plans and information required in connection with the proposed works.
Yours sincerely,
[Signature]
[Full name]
[Contact details]
Different Types of Party Wall Notice
Not all Party Wall notices are the same. Choosing the appropriate notice is important because different provisions of the Act apply to different types of work.
Party Structure Notice
A Party Structure Notice generally applies to works affecting an existing party wall or party structure.
For example, it may be relevant where a building owner proposes to:
- Cut into a party wall
- Remove part of a party wall
- Raise or lower a party wall
- Carry out certain structural works to the wall
- Carry out works involving a party structure
A Party Structure Notice must generally be served at least two months before the proposed works begin.
Line of Junction Notice
A Line of Junction Notice can apply where a building owner intends to construct a new wall at the boundary between properties.
The circumstances differ depending on whether the proposed wall will be built astride the boundary or wholly on the building owner’s land.
The statutory notice period for relevant works under section 1 is generally one month.
Notice of Adjacent Excavation
Section 6 of the Act can apply where excavation or construction takes place close to an adjoining owner’s building and reaches the relevant depth specified by the Act.
This is commonly referred to as a 3-metre or 6-metre notice, depending on the circumstances.
The notice should provide appropriate information about the proposed excavation and construction. The Government guidance also states that drawings showing the depth and location of the proposed excavation are required in these circumstances.
How Much Notice Is Required Under the Party Wall Act?
The notice period depends on the type of work.
| Type of Notice | General Notice Period |
|---|---|
| Party Structure Notice | At least 2 months |
| Line of Junction Notice | At least 1 month |
| Section 6 Excavation Notice | At least 1 month |
The exact statutory requirements should be checked against the nature of the proposed works and the relevant provisions of the Act.
A building owner should not assume that giving a neighbour informal advance warning is equivalent to serving a valid statutory notice.
How Should a Party Wall Notice Be Served?
A Party Wall Notice should be properly served on the relevant adjoining owner.
The Government guidance states that notice may be delivered personally or sent by post. It may also be sent by email where the adjoining owner has agreed to receive notices by email and has provided an email address.
Where the owner cannot be identified or the property is rented, the Act and Government guidance provide alternative approaches to addressing and serving the notice.
Keeping evidence of service can also be important if a dispute subsequently arises.
What Happens After a Party Wall Notice Is Served?
An adjoining owner can respond to the notice in different ways.
They may:
- Consent to the proposed works
- Dissent from the proposed works
- Raise issues concerning the proposed works
- Agree to the appointment of a surveyor where required
- Appoint their own surveyor where a dispute arises
Where the parties cannot agree, the Party Wall etc. Act 1996 provides a mechanism for resolving the dispute through the appointment of surveyors and, where appropriate, a Party Wall Award.
Under section 5 of the Act, where an adjoining owner does not provide consent within the relevant period following a Party Structure Notice, a dispute may be deemed to have arisen.
Does Planning Permission Replace a Party Wall Notice?
No.
Planning permission and the Party Wall etc. Act 1996 deal with different legal requirements.
A development may have planning permission and still require a Party Wall Notice.
Similarly, a project that does not require planning permission may still fall within the Party Wall Act.
The Government specifically confirms that the Party Wall Act is separate from obtaining planning permission or building regulations approval.
Property owners should therefore consider both planning requirements and Party Wall Act requirements before starting relevant building works.
What Happens If You Do Not Serve a Required Party Wall Notice?
Starting work without complying with the Party Wall Act can create legal and practical problems.
Potential consequences can include:
- Disputes with adjoining owners
- Delays to construction
- Additional professional costs
- Claims relating to damage
- Difficulties obtaining agreement retrospectively
- Potential court proceedings in appropriate circumstances
The Act provides specific rights and procedures for building owners and adjoining owners, so obtaining advice before construction begins can help reduce the risk of avoidable disputes.
Do You Need a Party Wall Surveyor or Solicitor?
Not every Party Wall matter requires a surveyor or solicitor from the outset.
However, professional advice can be useful where:
- The proposed works are substantial
- The works involve structural alterations
- Excavation is taking place close to a neighbouring property
- The boundary position is uncertain
- The adjoining owner objects
- There is a disagreement about the scope of the works
- A Party Wall Award may be required
- There is an existing dispute about damage or access
A surveyor can deal with technical Party Wall matters, while a solicitor can provide legal advice where there are wider property or legal issues.
How Charrette Law Can Help
Party Wall matters can involve both technical construction issues and legal rights between neighbouring property owners.
Charrette Law can assist property owners and developers with legal and planning considerations relating to building projects, including advice concerning Party Wall notices and neighbouring property issues.
Our advice can assist with:
- Understanding whether Party Wall procedures may apply
- Reviewing proposed building works
- Advising on Party Wall notices
- Reviewing responses from adjoining owners
- Neighbouring property disputes
- Property rights and boundary issues
- Development-related legal matters
Getting advice before work begins can help you understand the relevant requirements and reduce the risk of disputes developing during construction.
Frequently Asked Questions
Is there an official Party Wall Notice template?
There is no single official statutory form that must be used for every Party Wall Notice. GOV.UK provides example letters for different types of notice, including Party Structure Notices, Line of Junction Notices and 3/6-metre notices.
Can I write my own Party Wall Notice?
Yes. A Party Wall Notice can take the form of a letter, provided that it contains the information required by the relevant provisions of the Act.
However, the correct content depends on the type of work being proposed.
How long before building work should a Party Wall Notice be served?
For a Party Structure Notice, the Act generally requires at least two months’ notice. For relevant Line of Junction and section 6 notices, the period is generally one month.
Does a Party Wall Notice need to be signed?
The Government guidance recommends that the notice is signed by the building owner or owners. Where there are joint owners, all should sign unless one person is authorised to sign on behalf of the others.
Can a Party Wall Notice be sent by email?
It can be sent by email where the adjoining owner has agreed to receive notices and other documents required under the Act by email and has provided an email address.
What happens if my neighbour objects to the Party Wall Notice?
If an adjoining owner does not consent, a dispute may arise under the Act. The statutory procedure can involve the appointment of an agreed surveyor or separate surveyors and the preparation of a Party Wall Award where appropriate.
Is a Party Wall Notice the same as planning permission?
No. They are separate requirements. A project may require planning permission, a Party Wall Notice, both or neither, depending on the circumstances.
Get Expert Advice on Party Wall Notices
If you are planning an extension, structural alteration, excavation or other building work that could affect a neighbouring property, it is important to establish whether the Party Wall etc. Act 1996 applies before work begins.
Charrette Law can provide expert legal and planning advice to help property owners and developers understand their obligations, prepare for neighbouring property issues and manage Party Wall matters.
Contact Charrette Law for professional advice on Party Wall Notices, property development and related planning and property matters in the UK.
