Understanding when a notice is needed
A Party Wall Notice is a formal requirement under the Party Wall etc. Act 1996. You must serve notice before starting certain works that could affect a shared wall, a boundary structure, or nearby foundations. Getting this right early helps avoid neighbour disputes, project delays, and legal complications.
Common situations where notice is required
You will usually need to serve a Party Wall Notice if you plan to:
- Build a new wall at or on the boundary line between two properties
- Repair, alter, cut into, or raise a party wall (for example, inserting beams for a loft conversion or extension)
- Demolish and rebuild a party wall or part of it
- Excavate near a neighbour’s foundations where the digging could affect stability (commonly relevant for extensions, basements, underpinning, and some drainage works)
These types of work can affect the adjoining owner’s structure or enjoyment of their property, which is why the Act requires a notice-and-response process.
When notice is not usually needed
A notice is often not required for:
- Internal works that do not affect a party wall/party structure and do not involve boundary or excavation rules
- Non-structural alterations fully within your property (e.g., redecorating and minor changes)
- Certain repairs that are strictly limited to your side and do not impact the shared structure
That said, structural projects can look “internal” but still involve the party wall (for example, cutting into it for steelwork), so it’s worth checking rather than assuming.
Timing: when should the notice be served?
The Act sets minimum notice periods depending on the type of work. As a general guide:
- At least two months’ notice is required for some works to party walls/party structures (often the more substantial categories).
- At least one month’s notice is commonly required for certain excavation and boundary-related works.
Serving notice early is usually best, especially where design details, access requirements, or structural methods need explaining.
What happens if you don’t serve notice?
Starting notifiable works without serving the correct notice can lead to serious knock-on problems, including:
- A neighbour seeking an injunction to stop the works
- Costly delays while the process is put right
- Increased dispute risk, particularly around damage, because there may be no agreed pre-works record (Schedule of Condition)
- Potential liability for remedial works and associated professional costs
Professional guidance
If you’re unsure whether your project needs a notice, a party wall professional can quickly confirm the position and help you serve notices correctly, with the right detail and evidence—often preventing disputes before they start.
Want help confirming whether you need a Party Wall Notice?
Email mail@howorth.uk with your property address, a short description of the works, your intended start date, and any drawings/plans you have. We can help confirm whether notice is required and guide you through the next steps.
