How to Serve a Party Wall Notice

Serving a party wall notice correctly is a legal requirement before starting certain types of building works, but it is a process you can handle yourself without a surveyor. This guide walks through each step — from checking whether you need to serve a notice, to delivering it and getting your neighbour's consent.

Step 1: Confirm You Need to Serve a Notice

The Party Wall etc. Act 1996 requires a notice for three categories of work:

• Section 3 — Any work to a party wall (cutting in, raising, demolishing, inserting beams, removing chimney breasts, underpinning)
• Section 6 — Excavating within 3 metres or 6 metres of a neighbour's structure (for extensions with foundations near the boundary)
• Section 1 — Building a new wall on or immediately adjacent to the boundary

If your works do not fall into any of these categories, no notice is needed.

Step 2: Identify the Correct Notice Type

Each section of the Act uses a slightly different form of notice. Using the wrong type is a common mistake that can invalidate the notice. Our notice generator automatically selects the correct notice type based on your answers, so you don't need to work this out yourself.

Step 3: Find the Adjoining Owner

You must serve the notice on the correct person. This is the owner of the adjoining property — not a tenant or managing agent. For owner-occupied houses, this is straightforward. For flats, you may need to serve notice on the freeholder, the leaseholder, or both.

If you cannot identify the owner, check the Land Registry title register (available at gov.uk for £3 per title). If the owner is genuinely unknown, the Act allows you to post the notice through the letterbox addressed "To the Owner".

Step 4: Prepare the Notice

The notice must include:

• Your full name and address (as building owner)
• The full name and address of the adjoining owner
• The address of the building where works will take place
• A description of the proposed works
• The planned start date (must be at least one month away for most notices)
• The notice type (Section 1, 3, or 6)
• A statement that it is given under the Party Wall etc. Act 1996
• Your signature and the date

Our generator produces all of this correctly. You simply answer questions about your project and download the completed PDF.

Step 5: Deliver the Notice

The Act allows the following methods of delivery:

• Hand delivery — handing it directly to the owner or leaving it at the property. Get a witness if possible, or photograph the letterbox drop.
• First class post — addressed to the owner at the property. Note that ordinary post is deemed served, but there is no proof of receipt.
• Recorded delivery (Royal Mail signed for) — provides proof of receipt and is strongly recommended.
• Through the letterbox — acceptable if the owner is absent, but record when and how you served it.

Keep a copy of the notice, the delivery evidence (photograph, receipt), and the date served. You will need these if any dispute arises later.

Step 6: Wait for the Response

Your neighbour has 14 days to respond. During this time they can:

• Consent in writing — sign and return the acknowledgement. Work can proceed on the notified start date.
• Dissent in writing — a dispute is triggered and surveyors must be appointed.
• Serve a counter-notice (within one month, for Section 3 and Section 6 notices) — requesting modifications to how the work is done or additional works.
• Do nothing — after 14 days, silence counts as dissent.

How Much Notice Is Required?

Notice type	Minimum notice period
Section 1 (new boundary wall)	1 month
Section 3 (works to party wall)	1 month
Section 6 (excavation)	1 month

In practice, many practitioners recommend serving Section 6 notices two months in advance to allow time for the award process if a dispute arises. There is no maximum notice period, but a notice expires 12 months after service — works must have begun by then.

What Happens After Consent?

Once you have written consent, file it safely with your other property documents. Your builder should be made aware of the consent and the agreed start date. No further steps under the Act are needed unless the scope of work changes significantly, in which case a fresh notice may be required.

Tips for Getting Consent Quickly

• Talk to your neighbour before serving the formal notice
• Explain what the works are and why they require a notice
• Make clear you will repair any damage caused
• Include drawings if you have them
• Serve the notice with a covering letter in plain English, not just the legal form

Use our notice generator to produce a professional, correct notice in minutes for £89 — and give your neighbour the best chance of consenting without needing a surveyor.