Party Wall Notice Checklist
Find out in under two minutes whether your project triggers the Party Wall etc. Act 1996, which notice you need to serve, and how much notice time to allow — with a plain-English explanation of what happens next.
Summary: The Party Wall etc. Act 1996 is not optional — it applies to most common London building projects involving shared walls, basement excavations, or work close to a boundary. Getting the notice right, and early, protects both you and your neighbours. The biggest mistake homeowners make is starting work without serving notice, then discovering mid-build that a dispute has arisen. This checklist steps through the key questions to establish whether you need a notice, which type, and how to proceed.
What the Party Wall Act covers
The Party Wall etc. Act 1996 creates a framework for managing building work that affects shared walls, boundary structures, and ground that is close to a neighbour's foundations. It applies across England and Wales and covers three distinct scenarios:
- Work to an existing party wall or structure — any work that cuts into, raises, lowers, underpins, or is built on a party wall or party fence wall falls within the Act, regardless of whether the work is on the boundary itself.
- New walls at or astride the boundary — building a new wall on the line of junction between two properties, or astride it, requires a Line of Junction Notice even if the new wall does not touch the neighbour's structure.
- Excavations close to neighbouring buildings — excavation within 3 metres of an adjoining building to a depth lower than their foundations, or within 6 metres where a 45-degree line from the base of their foundations reaches into the excavation area, triggers an Adjacent Excavation Notice.
The Act does not cover purely internal works, like removing non-structural internal walls entirely within your own property, or cosmetic repairs to a party wall that do not weaken or affect its structure.
The three notice types and their required timings
The Act provides three different notice types, each with its own statutory notice period. Serving the wrong notice — or the right notice too late — can cause significant programme delays.
Party wall notice types, triggers, and required notice periods
| Notice type | Section of the Act | When it applies | Notice period |
|---|---|---|---|
| Party Structure Notice | Section 3 | Work to an existing party wall — cutting in, raising, demolishing and rebuilding, etc. | 2 months before work starts |
| Line of Junction Notice | Section 1 | Building a new wall at or astride the boundary line | 1 month before work starts |
| Adjacent Excavation Notice | Section 6 | Excavation within 3m (or 6m at depth) of a neighbouring structure | 1 month before work starts |
The notice period runs from the date the notice is received by the adjoining owner — not when you post it. If your project is time-sensitive, build in the notice periods at the earliest planning stage. For a project with basement excavation and structural rear dormer, both a Section 3 and Section 6 notice may be required simultaneously.
What a Party Wall Award is — and why it matters
When a neighbour dissents (refuses consent) — or simply fails to respond within 14 days — a "dispute" is deemed to have arisen under the Act. This is not a fight; it is the normal process for works that are more complex or where neighbourly relations need formal management.
The surveyor (or surveyors) then produces a Party Wall Award — a legal document that sets out exactly what works are permitted, under what conditions, what working hours are allowed, and how any damage will be assessed and made good. The Award is binding on both parties.
Before any work begins, the surveyor will also prepare a Schedule of Condition — a photographic and written record of the state of the neighbour's property before your work starts. This is your protection if the neighbour later claims damage that existed before you started.
What happens if you skip the party wall process
There is no direct criminal penalty for failing to serve a party wall notice. But the practical consequences of skipping the process are serious:
- If damage occurs, the absence of a Schedule of Condition leaves you exposed to claims you cannot easily defend.
- Neighbours can apply for an injunction to stop your works mid-build — at significant cost and programme disruption to you.
- Solicitors acting for buyers will ask for party wall documentation when you sell. Missing paperwork can delay or jeopardise a sale.
- Courts have awarded substantial damages against building owners who carried out notifiable works without serving notice.
The party wall process is designed to be manageable, not obstructive. An experienced party wall surveyor can handle the entire process for a fixed fee — the cost is a fraction of the risk of getting it wrong.
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By My Local London Builder Team · Last updated May 2026 · Guidance only — confirm obligations with a qualified party wall surveyor.