Duties of a Building Owner Planning to Carry Out Works
 

If you're planning works covered by the Party Wall etc. Act 1996, you have a legal duty to inform all affected adjoining owners or occupiers through a valid Party Wall Notice. This is typically done via a surveyor.

Failing to serve notice properly can lead to your neighbour applying for a court injunction to stop the works.

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How Do I Inform Adjoining Owners and When?

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We recommend discussing your proposed works with adjoining owners informally first. This can foster goodwill and help avoid misunderstandings. However, a formal written Party Wall Notice must still be served, regardless of any verbal agreement.

Notices must:

• Clearly state they are issued under the Party Wall etc. Act 1996.

• Be served within the required timescales.

• Include specific information and supporting documents.

While you can serve the notice yourself, it’s strongly advised to have it reviewed or issued by a qualified party wall surveyor to ensure compliance.

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What Type of Works Require a Party Wall Notice?

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You must serve notice if your project includes any of the following:

• Building a new wall on or up to the boundary (Line of Junction).

• Excavating within 3 or 6 metres of a neighbouring structure, depending on depth and type (see Section 6 of the Act).

• Works on an existing party wall or party fence wall, such as:

  • Underpinning, raising, thickening, or repairing.

  • Cutting into the structure for beams, joists, flashing, etc.

  • Removing projections or overhanging parts.

  • Demolishing and rebuilding due to defects or to meet regulations.

  • Making structural changes that expose the wall.
     

Works That Do Not Require a Notice

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You do not need to serve notice for minor, non-structural tasks like:

• Plastering

• Installing or replacing electrical sockets

• Drilling to hang shelves or cabinets
   

What is a Party Wall Award (Agreement)?
 

A Party Wall Award (or Agreement) is a legally binding document prepared by surveyors when a dispute arises from a Party Wall Notice. It allows works to proceed while protecting both parties. The Award details:

• How the work will be carried out

• Who is responsible for costs (usually the building owner)

• A Schedule of Condition to record the state of adjoining properties before work begins
   

When Should the Party Wall Notice Be Served?
 

Type of Notice                                        Minimum Notice Period

Line of Junction (Section 1)                      1 Month

Party Structure (Section 3)                       2 Months

Adjacent Excavation (Section 6)              1 Month

Recommended: Serve notices at least 12 weeks before starting work, especially for complex projects like basement extensions, which may require more time for resolution.

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How We Can Help

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Understanding your obligations under the Party Wall etc. Act is crucial. We offer:

• FREE expert advice — just send us your design drawings before starting any works.

• Help with drafting and serving valid notices.

• Full Party Wall surveying services, including dispute resolution and Award preparation.

Reach out via email or use our contact form to get started.