How to Serve a Party Wall Notice: A Step-by-Step Guide for Homeowners

Planning a loft conversion, rear extension, or any significant building works? If your property shares a wall, fence or boundary with a neighbour — or if you plan to excavate near an adjoining property — you almost certainly need to deal with the Party Wall etc. Act 1996 before you can start on site.

Failure to follow the Act correctly can have serious consequences: your neighbour can apply for an injunction to stop the works, you can be liable for any damage caused, and you may face significant legal costs. Yet many homeowners begin building works without serving any notice at all — often simply because they didn't know they had to.

This guide explains exactly when you need to serve a party wall notice, how to do it, and what happens next. Hampton Surveyors is a party wall surveyor in Hampton, Twickenham, Feltham and across West London — we deal with party wall matters every week, for both building owners and adjoining owners.

When Is a Party Wall Notice Required?

The Party Wall etc. Act 1996 applies to three main types of works:

Section 2: Party Wall Works

Any works to an existing party wall (a wall shared with a neighbour) or party structure (including floors between flats). The most common examples include:

• Loft conversion involving cutting into or building onto the party wall
• Removing a chimney breast from a party wall
• Installing beams or joists into a party wall
• Underpinning or cutting away the party wall
• Raising or reducing the height of a party wall
• Demolishing and rebuilding a party wall
• Weatherproofing works to a party wall where the wall is exposed by works to an adjoining building

Notice required: at least 2 months before works begin.

Section 1: New Wall on the Line of Junction

Building a new wall on or astride the boundary line between two properties. This is most commonly triggered by side extension works or the erection of a new garden wall or fence.

Notice required: at least 1 month before works begin.

Section 6: Excavation Near Adjoining Property

Any excavation within 3 metres of an adjoining building where the excavation goes deeper than the neighbour's foundations (Zone 1), or within 6 metres where the excavation goes deeper than a line drawn at 45 degrees from the bottom of the neighbour's foundations (Zone 2). This is typically triggered by basement excavations or deep strip foundations for extensions.

Notice required: at least 1 month before works begin.

Does the Act Apply to My Works?

The Act applies to most urban residential properties with shared walls or boundaries. As a very practical guide:

• Loft conversion in a terraced or semi-detached house: Almost certainly yes — the loft conversion will involve works to the party wall.
• Single-storey rear extension: Possibly — if the extension runs up to or builds on the party wall, or if excavations for foundations are close to the neighbour's property.
• Side extension: Possibly — if a new wall is built on or near the boundary line.
• Basement conversion or excavation: Almost certainly yes — excavation is very likely to fall within the 3 or 6 metre zones.
• Internal works only (no impact on shared walls): Generally no — but if structural works affect the party wall (e.g., removing a chimney breast in a terraced house), then yes.
• Detached house with no shared walls and excavations far from boundaries: Probably not.

If you are unsure, the safest approach is always to consult a party wall surveyor before starting any significant building works. We offer free initial advice — contact Hampton Surveyors and describe your planned works and we will tell you whether the Act applies.

The Three Types of Party Wall Notice

There are three notice forms corresponding to the three sections of the Act:

Party Structure Notice (Section 2)

This notice must include: the building owner's name and address; the address of the building where works will be carried out; a description of the proposed works (in reasonable detail, with drawings if appropriate); the proposed start date. The notice should be served at least 2 months before works begin.

Line of Junction Notice (Section 1)

Used when a new wall is to be built on or astride the boundary. Must be served at least 1 month before works begin.

Three Metre / Six Metre Notice (Section 6)

Used when excavation is planned near an adjoining structure. Must include plans showing the proposed excavation, and must be accompanied by information about the existing foundations and the proposed underpinning or other protective works. Must be served at least 1 month before works begin.

How to Serve the Notice: Step by Step

Step 1: Identify the Adjoining Owners

You need to serve notice on every "adjoining owner" — the owner of any property that shares a party wall or boundary with your property, or is adjacent to your proposed excavation zone. In a terraced house, this typically means both immediate neighbours on either side. In a flat, it includes the owner of any adjacent flat, the flat below (if you're doing loft works), or the flat above (if works affect a party ceiling/floor).

For owner-occupied properties, the person on the electoral register or Land Registry is usually the right person to serve. For rented properties, you need to serve both the landlord and the tenant (as both can be "owners" under the Act). Use the Land Registry to confirm ownership if in doubt.

Step 2: Prepare the Notice

Write the notice on paper (or use a standard template form, which you can find on the government's planning portal). Include:

• Your name and address as the building owner
• The address of the property where works will be carried out
• A description of the works, including type, location, and indicative start date
• A reference to the relevant section of the Party Wall etc. Act 1996

Step 3: Serve the Notice

The notice must be served personally (handed to the adjoining owner), by post to their last known address, or left at their property. Recorded delivery is recommended to create a clear record of service. Email alone is not a valid method of service under the Act.

Keep a copy of the notice and evidence of its delivery (recorded delivery receipt, photograph, signed acknowledgement).

Step 4: Wait for a Response

Your adjoining owner has 14 days to respond to a Party Structure or Three/Six Metre Notice. They can:

• Consent in writing: They agree to the works. This is the simplest outcome — once you have written consent, you can proceed with works affecting the party wall without a formal party wall award.
• Dissent and agree to a single agreed surveyor: They don't object to the works but want a party wall award prepared by one surveyor appointed by both parties ("the agreed surveyor"). This is usually the most cost-effective approach.
• Dissent and appoint their own surveyor: Each party appoints their own surveyor, and the two surveyors together appoint a third surveyor in case of dispute. The two surveyors then prepare a party wall award setting out the conditions under which works may proceed.

If there is no response within 14 days, this is treated as dissent — the dispute resolution mechanism is triggered, and surveyors must be appointed.

The Party Wall Award

The party wall award (sometimes called a "party wall agreement") is a legally binding document prepared by the appointed surveyor(s). It typically includes:

• A schedule of condition documenting the state of the neighbour's property before works begin (used to assess any damage claims after works)
• The scope of the permitted works
• Working hours and methods
• Access arrangements
• Any special conditions to protect the adjoining property
• Provisions for making good any damage

The award protects both parties. The building owner can proceed with works within the terms of the award. The adjoining owner has a documented baseline for any damage claims, and clear conditions to ensure their property is protected.

Who Pays for the Party Wall Process?

In most circumstances, the building owner (the person doing the works) pays the costs of the party wall process — including the adjoining owner's surveyor's fees. This is a source of some resentment for building owners, but it reflects the principle that the person doing the works that create the need for the process should bear its costs.

The most cost-effective arrangement is usually for both parties to agree to appoint Hampton Surveyors as the "agreed surveyor" — one surveyor acting for both parties. This avoids the cost of two separate sets of surveyor's fees and a potential third surveyor, and is usually quicker and less adversarial.

At Hampton Surveyors, an agreed surveyor party wall award typically starts from £350 per award (plus VAT).

"James at Hampton Surveyors handled our party wall for a loft conversion in our 1930s semi — we had two neighbours to deal with on either side. He managed the whole thing as agreed surveyor, keeping both neighbours happy and delivering the awards within three weeks. We couldn't have asked for a better outcome."

— Mark P., Homeowner, Hampton

Frequently Asked Questions