What the notice does
The Party Wall etc. Act 1996 lets you carry out certain work to a shared wall or near a neighbour’s foundations, if you serve the right notice first. Our fee is £42 for each adjoining owner, so a terrace with two neighbours is two notices.
We write each one from the drawings, so the description of the work matches what is built.
Which notice, and how long before work
A party structure notice, for work such as cutting into the wall to seat a beam, must be served at least two months before the work begins. A notice to build a new wall on the line of junction needs one month. Deep excavation near a neighbour needs one month’s notice where it is within 3 metres of their building and deeper than their foundations, or within 6 metres on a 45-degree line.
If your neighbour does not agree
Silence is not consent. If the neighbour does not consent within fourteen days, they are deemed to dissent and a dispute is deemed to have arisen. Under section 10 both parties then appoint one agreed surveyor, or each appoints one and the two choose a third.
Surveyors charge fees for their work, which is a cost beyond our notice fee. A friendly word with the neighbour, and a copy of the drawings, often avoids it.
By the numbers
2 months
Minimum notice before work on a party structure begins.
Source: Party Wall etc. Act 1996, section 3: party structure notices (legislation.gov.uk)
1 month
Minimum notice before building a new wall on the line of junction.
Source: Party Wall etc. Act 1996, section 1 (legislation.gov.uk)
3 m / 6 m
Distances from a neighbouring building within which a deeper excavation needs notice.
Source: Party Wall etc. Act 1996, section 6: adjacent excavation (legislation.gov.uk)
14 days
After which a neighbour who has not consented is deemed to dissent.
Source: Party Wall etc. Act 1996, section 5: counter notices (legislation.gov.uk)
3 surveyors
The most in a dispute: an agreed surveyor, or two appointed surveyors and a third.
Source: Party Wall etc. Act 1996, section 10: resolution of disputes (legislation.gov.uk)
Party wall notices: common questions
Is the surveyor’s fee included?
No. Our fee is for the notice. A surveyor’s fee arises only if a dispute does.
Do I need a notice for every neighbour?
For each adjoining owner affected, yes. We count them on the survey.
Source: Party Wall etc. Act 1996, section 3: party structure notices (legislation.gov.uk)
Can I start early if my neighbour agrees by word of mouth?
No. The Act works through written notices and consent, so wait for the written reply.
Source: Party Wall etc. Act 1996, section 5: counter notices (legislation.gov.uk)
Sources
- Party Wall etc. Act 1996, section 1 (legislation.gov.uk)
- Party Wall etc. Act 1996, section 3: party structure notices (legislation.gov.uk)
- Party Wall etc. Act 1996, section 5: counter notices (legislation.gov.uk)
- Party Wall etc. Act 1996, section 6: adjacent excavation (legislation.gov.uk)
- Party Wall etc. Act 1996, section 10: resolution of disputes (legislation.gov.uk)
About the author. Ben Shaukat is Managing Director of Property Architecture Ltd, which trades as Planning Drawings.
Published by Planning Drawings. Checked against the sources above on . Planning rules change; check your council before you build.