When Should Party Wall Notices Be Served

If you're planning any construction work on a shared wall or boundary line, understanding when Party Wall Notices should be served is essential to comply with the Party Wall Act.

This act ensures that neighbours are informed about planned work, protecting both parties from potential disputes.

When Should Party Wall Notices be Served?

The Party Wall Act, introduced in 1996, regulates construction work on shared walls and boundary lines. One of the most crucial aspects of this act is the timely serving of Party Wall Notices. In this article, we’ll focus on when Party Wall Notices should be served and why it's important to meet these timelines.

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What Is a Party Wall Notice?

Before exploring when Party Wall Notices should be served, it’s essential to understand what they are.

A Party Wall Notice is a legal document that informs your neighbour about any construction work you plan to carry out on shared walls or boundary lines. It allows your neighbour to either agree with or contest the work being planned.

Types of Party Wall Notice

There are three main types of Party Wall Notices you may need to serve, depending on the work being planned:

1. Line of Junction Notice

This type of notice is served when you plan to build on or up to a boundary line. This notice refers to a boundary where there is currently no building. There could be a ‘boundary wall’ (i.e. a separating brick wall). Timber fences are not considered to be boundary walls.

When a Line of Junction notice is served, the intention is to reach agreement between all Adjoining Owners on the position and type of wall on the boundary. For example, this could be a shared party wall built astride the boundary, or an external wall wholly in one of the owner’s land.

2. Notice of Adjacent Excavation

This notice is served when you plan to excavate within three to six meters of your neighbour's property. An Adjacent Excavation Notice must include the depth of planned excavation. It must also include drawings showing where this will take place relative to surrounding buildings.

3. Party Structure Notice

This notice is served when you plan to work on a shared wall or structure. This includes any changes or works to be made to an existing party structure and party fence walls.

Examples of work that must be notified of under a Party Structure notice include removing a chimney breast or inserting beams or RSJs in a shared wall. It informs your neighbours of your intentions and provides them with a chance to raise objections or concerns.

When Should Party Wall Notices Be Served

One of the most common questions people ask is: When should Party Wall Notices be served? According to the Party Wall Act, the timing depends on the type of notice :

Party Structure Notice :

This must be served at least two months before the construction work starts.

Line of Junction Notice and Notice of Adjacent Excavation:

These must be served at least one month before work begins.

Serving notices within these timeframes allows your neighbours ample opportunity to respond, either by consenting to the work or raising objections. If there are any concerns, this buffer period ensures there’s enough time for discussions or for appointing a surveyor to resolve disputes.

Why Serve Party Wall Notices Early?

While the law sets minimum notice periods, it’s always advisable to serve your Party Wall Notices as early as possible. Early notice helps prevent potential delays in your construction plans, as disputes or concerns can be addressed without stalling the project. Additionally, providing your neighbours with more time to consider the work can promote goodwill and a smoother construction process.

What Happens After You Serve a Party Wall Notice?

After serving a Party Wall Notice, your neighbour has 14 days to respond. They may:

Consent

If your neighbour agrees to the work, you can proceed without further delay.

Dissent

If they object, a surveyor must be appointed to resolve the issue and ensure the work complies with the Party Wall Act.

Conclusion : When Should Party Wall Notices be Served

To avoid any complications with your construction project, it’s critical to understand when Party Wall Notices should be served. As a general rule :

Serve Party Structure Notices at least two months before work starts.

Serve Line of Junction and Adjacent Excavation Notices at least one month before.

The Party Wall Act is crucial for anyone planning to undertake construction work on shared walls and boundary lines. It is essential to understand the Act's provisions, especially concerning the serving of Party Wall Notices. It is also crucial to serve the notices as early as possible to avoid any legal disputes that may arise. Failure to comply with the Party Wall Act can have significant financial consequences.

In conclusion, serving Party Wall Notices is a critical aspect of any construction work done on shared walls and boundary lines. When Should Party Wall Notices be Served? The timing of serving notices is crucial, and it is advisable to do it as early as possible to avoid any dispute. It is also essential to understand the different types of notices and serve the appropriate one for the planned work.

See our detailed article for more information on Party Wall Notices.

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Further Party Wall Guidance

For further information on a range of Party Wall subjects, see our recent articles below :

Party Wall Online Quote

Access to Neighbours Land

Party Wall Excavation Notice

Special foundations

Responding to a Party Wall Notice

What is a Party Wall Agreement?

Party Wall or not a Party Wall?

What is a Party Wall Schedule of Condition?

Should you Consent to a Party Wall Notice?

Can a Neighbour Refuse a Party Wall Agreement?

Is a Party Wall Agreement Nedded for a Garden Room?

Do I Need a Party Wall Award for a Loft Extension?

For more information on how the Party Wall Act affects you as a Building Owner or Adjoining Owner, see our Party Wall Fact Sheet. Also see our work on Party Wall matters at the British Museum.

We have also compiled some Party Wall FAQs and a Glossary of Party Wall terms we often get questions about.

The Party Wall process starts with serving notice, which we cover in greater detail here.

For more information on Security for Expenses please call our surveyors direct on 020 4534 3135.

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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: