Not all building work is covered by the Party Wall etc. Act 1996. This guide explains when a Party Wall Notice should be served and what to do if work has already started.
Do I need a Party Wall Notice?
A simple guide for homeowners
If your neighbour has started building work, or you are planning work yourself, you may be wondering:
“Should a Party Wall Notice have been served?”
The answer depends on what work is being carried out, not how noisy or inconvenient it is.
This short guide explains when a Party Wall Notice is and is not required.
What is a Party Wall Notice?
A Party Wall Notice is a formal legal notice required under the Party Wall etc. Act 1996 before certain building works begin.
Its purpose is to:
inform your neighbour about proposed works; and
give the adjoining owner the opportunity to consent or, if a dispute arises, for a Surveyor or Surveyors to be appointed under the Act.
The appropriate Notice must be served 1 or 2 months before the relevant notifiable work begins.
When is a Party Wall Notice required?
A notice is required if the proposed works fall into one (or more) of the following categories:
1. Work to a Party Wall or Party Structure
This includes works such as:
exposing the top or side of a shared wall during roof works or a dormer extension;
cutting into a party wall to insert beams or padstones;
removing chimney breasts from a party wall;
cutting pockets, chasing services, or inserting flashings;
raising, thickening, or underpinning a party wall.
A Notice is required only where the proposed work falls within the provisions of the Act. The fact that a wall is shared does not, by itself, make every type of work notifiable.
2. Excavation Near a Neighbouring Building
A notice is required where excavation is proposed:
within 3 metres of a neighbouring building or structure, where the proposed excavation will extend deeper than the bottom of its foundations; or
within 6 metres, where any part of the proposed excavation will meet a line drawn downwards at 45 degrees from the bottom of the neighbouring building’s foundations.
3. New Walls at or Astride the Boundary
A Section 1 Notice is required where the Building Owner proposes to build a new wall astride the line of junction (which requires the adjoining owner’s express written consent), or wholly on the Building Owner’s land but up to the line of junction. If building up to the line of junction andwholly on the Building Owner's land, no consent is needed to the Notice.
This often arises with rear or side extensions.
When Is a Party Wall Notice Not Required?
A notice is not required simply because:
work is noisy or disruptive;
scaffolding is erected;
planning permission has been granted;
builders are working close to the boundary;
repairs are carried out wholly on one owner’s land and do not affect a party wall or neighbouring foundations.
The Act is concerned with specific types of work, not general building activity.
What if work has already started?
If notifiable work has started without a Notice being served, the following applies:
In many cases:
if no Notice has been served, you cannot appoint a party wall surveyor; ("no notice, no Act")
you should attempt to speak with your neighbour as soon as possible and inform them that a Notice may be required;
if it appears that the work is notifiable you should also contact your neighbour in writing asking them to cease all notifiable work and serve you with a Notice in compliance with the Party Wall etc. Act 1996.
if a Notice is required but your neighbour refuses to comply with the Act, you need to take advice from a solicitor who will advise you of your options. This can involve applying for an interim injunction from the court.
You should not delay. There is little point waiting until works are almost complete before raising the issue.
If notifiable works are carried out without notice and damage is caused to your property, your only remedy may be a civil claim through the County Court. You should also contact your home insurer to see whether legal expenses cover is available.
Each situation is fact-specific, and early action is important.
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