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

If you're planning to carry out building work on or near a shared wall with a neighbour, you're legally required to serve a Party Wall Notice.

This may sound daunting, but don’t worry — this step-by-step guide on how to serve a Party Wall Notice will walk you through the process clearly and confidently.

Whether you're a homeowner, property developer, or DIY enthusiast, understanding the party wall process helps you stay compliant with the law and maintain good relations with your neighbours.

What is a Party Wall Notice?

A Party Wall Notice is a formal written notice you serve to your neighbours (officially known as “adjoining owners”) informing them of proposed construction work that may affect a shared wall, boundary, or structure.

The Party Wall etc. Act 1996 governs this process and applies to properties in England and Wales.

The aim is to provide your neighbours with prior warning and the opportunity to either consent to or dispute the planned work.

When Do You Need to Serve a Party Wall Notice?

You are required to serve a Party Wall Notice if your planned works fall under the scope of the Party Wall etc. Act 1996. The Act covers three main types of work:

1. Work on an Existing Party Wall or Structure

This includes:

Cutting into the wall for inserting beams or joists (e.g., for loft conversions)

Removing chimney breasts

Raising or thickening the wall

Demolishing and rebuilding the wall

2. Construction of a New Wall at the Boundary

If you intend to :

Build a new wall directly on the boundary line between properties

Build a wall wholly on your own land but adjacent to the boundary

3. Excavation Near a Neighbouring Property

You must serve notice if you're digging :

Within 3 metres of a neighbouring structure and deeper than their foundations

Within 6 metres, depending on the angle of the excavation (there's a formula to check this)

See our article on Party Wall Excavation notices for more detail.

Step-by-Step Guide to Party Wall Notices

Here’s your detailed, how to serve a Party Wall Notice step-by-step guide :

Step 1: Understand the Scope of the Act

Before proceeding, assess whether the Party Wall Act applies to your proposed works. Not all construction activities require a Party Wall Notice. Routine internal improvements typically fall outside the Act, but structural or boundary-adjacent work often requires formal notification.

If you're unsure, consulting a Party Wall Surveyor or experienced architect can help clarify your obligations.

Step 2: Identify the Adjoining Owners

You must serve notice to all affected neighbours, which includes:

Freeholders

Leaseholders (with leases over 12 months)

Anyone with a legal interest in the property

If the neighbouring property has joint owners or both tenants and landlords, you should send notice to all relevant parties.

You can find ownership details via HM Land Registry for a small fee.

Step 3: Prepare the Party Wall Notice

The notice must be in writing and contain specific details, including:

Your full name and address

Description of the proposed work

Address of the building where the work is planned

The intended start date (must allow sufficient notice: 2 months for party structure work, 1 month for excavations)

Statement that the notice is served under the Party Wall etc. Act 1996

While there are templates available, using a professional ensures accuracy and legal compliance. If a notice is incorrectly completed — for example, if it lacks essential information, is served to the wrong party, or uses the wrong notice period — it could be deemed invalid.

This would mean the entire process may need to be restarted, potentially causing significant delays to your project.

Worse still, starting work based on an invalid notice could expose you to legal challenges, including injunctions or claims for damages.

A Party Wall Surveyor will ensure your notice meets all legal requirements, giving you peace of mind that your project is on solid legal ground.

Step 4: Serve the Notice Properly

Notices can be served :

By hand (personally delivered)

By post (recorded delivery is advisable for proof)

By email, but only if the recipient agrees to receive notices electronically

Always keep a copy of the notice and evidence of service, such as a signed acknowledgment or delivery receipt.

Step 5: Await a Response

Your neighbour has 14 days to respond to the notice. They can:

Consent in writing : You can proceed with the work after the notice period.

Refuse or do not respond : This is treated as a dissent, triggering a dispute resolution process.

Step 6: Dispute Resolution and Appointing Surveyors

If there is a dispute (or no response within 14 days), each party must appoint a Party Wall Surveyor, or agree to appoint one jointly.

It's important to understand that under the Party Wall etc. Act 1996, a "dispute" is a formal legal term and doesn't necessarily mean you are having a personal argument or falling out with your neighbour.

Instead, it describes a procedural mechanism under the Act that triggers a specific resolution process when the adjoining owner either withholds consent or explicitly dissents.

In this context, a dispute simply means that consent hasn't been granted, so the law requires an impartial assessment of the situation. This ensures that the parties protect their interests and properly regulate the proposed works.

The appointed surveyor(s) will:

Review the proposed plans and the notice served

Visit and inspect the properties

Prepare a Party Wall Award, which is a legally binding document outlining the scope of the work, any agreed access arrangements, and protective measures to prevent damage to the adjoining property

If both parties appoint their own surveyor, they also select a third surveyor to resolve any disagreements between the first two. This third surveyor acts as an independent adjudicator.

The dispute resolution process ensures clarity, fairness, and legal compliance — all without needing to go to court unless absolutely necessary.

Step 7: Schedule of Condition

A Schedule of Condition is a detailed record (with photos) of the adjoining property’s current state. The surveyor usually compiles this before the works begin and includes it as part of the Party Wall Award.

This protects both parties: if your neighbour claims damage during the work, this document serves as a reference point. An independent Party Wall Surveyor should always prepare the Schedule of Condition to ensure it is impartial and legally robust. A surveyor brings professional expertise and neutrality to the process, documenting the condition of the adjoining property accurately and without bias.

This impartiality is crucial in case of any disputes, as both parties and any third parties involved— such as insurers or legal representatives — can rely on the record. A qualified surveyor who properly compiles the schedule adds credibility and legal weight to your documentation, making it a vital safeguard.

Step 8: Commence Work in Line with the Award

Once you obtain consent to the notice or agree to the award, you can proceed with your construction. Ensure you carry out all work according to the specifications in the Party Wall Award.

Failing to comply can result in legal action or an injunction to halt the project.

Frequently Asked Questions

What Happens if I Don’t Serve a Party Wall Notice?

Failing to serve a Party Wall Notice is a breach of the Act. Your neighbour could seek a court injunction to stop the work, and you may be liable for damages or legal costs.

How Long Does the Process Take?

Consent: Minimum of 14 days

Dispute: Typically 4 to 8 weeks for surveyor appointments and award preparation

Starting early in your project timeline is essential to avoid delays.

Can My Neighbour Refuse the Work?

They can dissent, but they cannot prevent the work outright if it is legal and follows the Party Wall Act. The Act protects both parties by ensuring they reach an agreement before construction begins.

How to Serve a Party Wall Notice - Final Thoughts

Serving a Party Wall Notice might seem like a bureaucratic step, but it protects you legally and helps maintain a good relationship with your neighbours.

Failing to follow the Party Wall etc. Act 1996 can have serious consequences. If you carry out notifiable work without serving a valid notice, your neighbour may apply to the court for an injunction to stop the work immediately.

This can cause major delays and result in you having to undo completed work. In addition, you could be liable for compensation if damage occurs, and legal proceedings could result in expensive court costs and fees.

Taking the proper steps from the outset helps avoid these risks and ensures your project proceeds smoothly. With this comprehensive guide on how to serve a Party Wall Notice, you now have a clearer understanding of what to do, when to do it, and why it matters.

If you're unsure about your obligations or want help navigating the process, get in touch.

For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135. If you would rather we called you instead, please fill in our Contact form and we will be in touch.

For a quick online quote for Party Wall advice, send us the details of your project.

For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135.

If you are planning work that is covered by the Act, or if you have received notice of work from a neighbour and want advice on how best to protect your property please contact: