Party Wall Notices & Agreements. Do you need one?

A simple step by step guide for homeowners.

When you are planning building work near a shared wall or boundary, the Party Wall etc. Act 1996 may apply. The process can feel confusing, so this guide explains everything in the order it happens. By the end, you will know exactly what a Party Wall Notice is, when you need to serve one, what your neighbour can do in response and what each outcome means for your project.

1. What is a Party Wall Notice

A Party Wall Notice is a formal written letter that you must give to your neighbour before starting certain types of building work. It is a legal requirement and it ensures your neighbour is informed about the work you plan to carry out.

A notice is required when your project affects a shared wall, a boundary line or involves excavation close to your neighbour’s foundations. Examples include loft conversions, extensions, chimney breast removal and structural alterations.

The notice explains;

• what work you intend to do

• when you plan to start

• how the work may affect the shared structure

The purpose is to give your neighbour the opportunity to understand the proposal and respond formally.

2. When a Party Wall Notice must be served

The Act requires you to serve notice before work begins. The timing depends on the type of work.

• One month before starting excavation or building on the boundary

• Two months before cutting into or altering a party wall

Serving notice early is important because your neighbour has a legal right to consider the proposal and respond within a set period.

3. What happens after you serve the notice 

Once your neighbour receives the notice, they have fourteen days to reply. Their response determines what happens next. There are three possible outcomes and each one leads to a different process. 

4. Neighbour option one

Your neighbour gives written consent

This is the simplest outcome. If your neighbour signs to confirm they are happy with the proposed work, the Party Wall process ends here. No surveyors are required and no Party Wall Agreement is needed.

You can begin work once the notice period has passed. It is still good practice to take photographs of both properties before work begins, but this is not a legal requirement.

5. Neighbour option two

Your neighbour dissents and appoints their own surveyor

If your neighbour does not consent, they can choose to appoint a Party Wall Surveyor to represent their interests. You will also appoint your own surveyor.

The two surveyors will:

• review your drawings and method statements

• inspect the neighbour’s property

• prepare a schedule of condition

• agree how the work must be carried out

• produce a Party Wall Agreement

The Agreement is a legally binding document that protects both parties. It sets out how the work must be completed and how any damage will be dealt with.

In almost all cases, you as the building owner pay the surveyors’ fees.

6. Neighbour option three

Your neighbour dissents but agrees to use one surveyor for both parties

Instead of appointing two surveyors, both parties can agree to use a single surveyor. This person acts impartially for both sides.

The surveyor will

• inspect the neighbour’s property

• record its condition

• review the proposed works

• prepare the Party Wall Agreement

This option is usually quicker and more cost effective than appointing two surveyors.

7. What if your neighbour does not reply 

If your neighbour does not respond within fourteen days, the law treats this as a dissent. Surveyors must then be appointed in the same way as option two. This prevents the project from being blocked by silence or delay.

8. What the Party Wall Agreement contains

If an Agreement is required, it will include

• a detailed description of the work

• working hours and access arrangements

• protective measures for both properties

• a schedule of condition

• procedures for dealing with any damage

• confirmation of who pays the surveyors’ fees

The Agreement allows the work to proceed safely and fairly.

9. What happens if you do not serve a notice

If you start work without serving a Party Wall Notice, your neighbour can legally stop the project. You may also be liable for claims of damage and you may face difficulties when selling your property. Serving notice correctly is the simplest way to avoid disputes and delays.

10. Summary for homeowners

• A Party Wall Notice is required for many structural projects

• It must be served one or two months before work begins

• Your neighbour can consent, dissent with their own surveyor or dissent with an agreed surveyor

• Consent means no further steps are needed

• Dissent leads to a Party Wall Agreement prepared by surveyors

• The process protects both properties and keeps your project legally compliant