Last Updated: January 2026 | Reading Time: 12 minutes
Serving a party wall notice is a legal requirement under the Party Wall etc. Act 1996 when you're planning building work that affects a shared wall, boundary, or adjacent property. Getting this right is crucial – an incorrectly served notice can delay your project by months and create unnecessary disputes with neighbours.
This comprehensive guide explains exactly how to serve a party wall notice in London, covering the legal requirements, statutory timeframes, and practical steps to ensure compliance. For more general information, see our complete party wall guide.
What is a Party Wall Notice?
A party wall notice is a formal written document that informs your neighbour (the "adjoining owner") of your intention to carry out building work that falls under the Party Wall Act 1996. The notice must be served between 1 and 2 months before work begins, depending on the type of work planned.
The three types of party wall notices are:
- Section 1 Notice: Building a new wall on or at the boundary line
- Section 2 Notice: Working on an existing party wall or party structure
- Section 6 Notice: Excavating within 3 or 6 metres of a neighbouring building
When Must You Serve a Party Wall Notice?
You must serve notice if your planned work involves:
- Building a new wall at or on the boundary line between properties
- Cutting into a party wall (for beam insertion, opening creation, etc.)
- Underpinning a party wall or party structure
- Raising the height of a party wall
- Removing chimney breasts that pass through or sit on party walls
- Inserting a damp-proof course into a party wall
- Excavating within 3 metres of a neighbour's building (going deeper than their foundations)
- Excavating within 6 metres of a neighbour's building (within a 45-degree angle from the bottom of their foundations)
Not Sure If You Need to Serve Notice?
Our expert party wall surveyors can review your building plans and advise on your obligations under the Act. Contact Party Wall Agreement London for a free consultation.
Step-by-Step Guide to Serving a Party Wall Notice
1Identify All Adjoining Owners
Your first task is to identify everyone who needs to receive notice. This includes:
- All owners of properties that share the party wall or structure
- Owners of properties within 3 or 6 metres if you're excavating (Section 6)
- Freeholders AND leaseholders (if leases exceed 12 months)
- Multiple owners if the property is jointly owned
Important: For flats, you may need to serve notice to the freeholder, the leaseholder of the adjoining flat, and potentially the leaseholder below if excavating. Land Registry searches can help identify owners.
2Prepare the Correct Notice Type
Select and complete the appropriate notice for your work:
Section 1 Notice (1-month notice period):
- Building owner's name and address
- Description of the proposed new wall on/at the boundary
- Whether you're building on the line or up to it
- Foundations depth and construction type
- Proposed start date (at least 1 month away)
Section 2 Notice (2-month notice period):
- Building owner's details
- Clear description of the works to the party structure
- Detailed plans/drawings showing the work
- Proposed start date (at least 2 months away)
- Nature and extent of work (cutting, raising, underpinning, etc.)
Section 6 Notice (1-month notice period):
- Building owner's details
- Description of excavation depth and location
- Details of your own building's foundations
- How you'll protect the neighbour's foundations
- Plans showing excavation location relative to adjoining buildings
3Include All Required Information
Every party wall notice must include:
- Your details: Full name, address, and contact information as the building owner
- Property address: Where the work will be carried out
- Work description: Clear, detailed explanation of what you're doing
- Drawings/plans: Technical drawings showing the proposed work
- Start date: When you intend to begin (minimum 1 or 2 months away)
- Statutory rights: Explanation of the adjoining owner's rights to consent or dissent
Top Tip: Attach architectural drawings, structural calculations (if available), and photographs of existing conditions. More information prevents disputes later.
4Serve Notice at the Right Time
Timing is crucial for compliance:
- Section 1 & 6 Notices: Minimum 1 month before work starts
- Section 2 Notices: Minimum 2 months before work starts
- Maximum advance: Generally serve between 1-6 months before commencement
Warning: Starting work before the notice period expires (or without an agreed party wall award) is unlawful and can result in injunctions stopping your work.
5Serve the Notice Correctly
Legal service methods include:
- Hand delivery: Personally to the adjoining owner (get written acknowledgement)
- Recorded delivery: Royal Mail Signed For or Special Delivery
- Document exchange: If the owner uses a DX service
- Registered post: For overseas owners
Serve one notice per adjoining owner. If sending by post, keep the postal receipt as proof of service. The notice is deemed served when it would normally be delivered (not when actually read).
Never: Send party wall notices by standard post, email, or text message – these are not legally valid service methods.
6Wait for the Neighbour's Response
After serving notice, the adjoining owner has 14 days to respond. They can:
- Consent: Agree to the work in writing. You can proceed after the notice period expires.
- Dissent: Object or request modifications. Triggers the party wall dispute resolution process.
- Not respond: Deemed dissent after 14 days. Dispute resolution process begins.
7Appoint Surveyors if Neighbour Dissents
If your neighbour dissents (or fails to respond), you must appoint party wall surveyors:
- Option 1: Agreed Surveyor – one surveyor acts for both parties
- Option 2: Two surveyors – each party appoints their own surveyor who jointly prepare an award
You must write to your neighbour offering these options. If they don't appoint a surveyor within 10 days, you can appoint one on their behalf.
8Prepare for the Party Wall Award
The appointed surveyor(s) will:
- Inspect both properties
- Prepare a schedule of condition (photographic record)
- Draft a party wall award setting out terms and conditions
- Specify working hours, access rights, and protective measures
- Address the adjoining owner's reasonable concerns
Once the award is served, you can begin work after the original notice period expires.
Common Mistakes to Avoid
Many London homeowners make these errors when serving party wall notices:
- Starting work too soon: Beginning before the notice period expires is illegal
- Insufficient detail: Vague descriptions of works lead to disputes
- Missing adjoining owners: Failing to identify all who need notice
- Wrong notice type: Serving Section 1 when Section 2 is needed (or vice versa)
- Improper service: Using email or regular post instead of recorded delivery
- No drawings: Failing to attach plans makes the notice inadequate
- Ignoring leaseholders: Only serving freeholders when leaseholders also need notice
Who Can Serve a Party Wall Notice?
Legally, you (the building owner) can serve the notice yourself. However, many London property owners choose to use a party wall surveyor to:
- Ensure the notice is correctly drafted and legally compliant
- Identify all adjoining owners who need notice
- Select the appropriate notice type for your work
- Include all required information and technical drawings
- Serve notices correctly to avoid delays
- Handle responses and subsequent award preparation
Professional Party Wall Notice Service
Party Wall Agreement London prepares and serves party wall notices for homeowners and developers throughout London. We ensure legal compliance, proper service, and handle all aspects of the process.
Benefits:
- Legally compliant notices every time
- All adjoining owners correctly identified
- Proper service with documented proof
- Expert handling of responses and disputes
- Fast turnaround to keep your project on schedule
Costs of Serving Party Wall Notices
If you serve the notice yourself, there's no direct cost beyond postage. However, if a dispute arises, you (the building owner) typically pay for:
- Your own surveyor's fees (£800-£1,500+)
- The adjoining owner's surveyor's fees (£600-£1,200+)
- Schedule of condition preparation (£250-£500)
- Third surveyor fees if needed (£300-£800)
Having a professional surveyor serve notice from the start often results in better neighbour relations, fewer disputes, and lower overall costs.
Timeline for Serving Party Wall Notices
Here's a typical timeline for party wall procedures in London:
- 3-6 months before work: Finalize building plans and identify need for party wall notices
- 2-3 months before work: Prepare and serve party wall notices
- 14 days after service: Neighbour responds (or deemed dissent begins)
- 2-4 weeks: Surveyors inspect and prepare schedules of condition
- 2-6 weeks: Party wall award drafted and served
- After notice period expires: Building work can legally commence
Total timeline: Allow 3-4 months from serving notice to starting work in London, particularly for complex projects or basement excavations.
Frequently Asked Questions
Do I need to serve notice on multiple flats in an adjoining building?
Yes, if the building is split into separate leaseholds exceeding 12 months. Each leaseholder whose property shares the party wall needs individual notice, plus the freeholder.
What if I can't find my neighbour?
You must make reasonable efforts to locate them (Land Registry, electoral roll, etc.). If unsuccessful, you may need to serve notice by fixing it to the property and placing a newspaper advertisement.
Can my neighbour refuse consent and stop my project?
No. Dissenting to a notice doesn't stop your work – it triggers the dispute resolution process. The surveyors' award will allow your work to proceed with appropriate protective measures.
What happens if I don't serve notice when required?
Your neighbour can seek an injunction to stop your work. You may face prosecution, be forced to remove work already completed, and pay compensation plus legal costs.
How long is a party wall notice valid?
Typically 12 months. If you don't start work within a year of serving notice, you'll need to serve a new notice.
Summary: Key Takeaways
Serving a party wall notice correctly is essential for legal compliance and good neighbour relations:
- Identify all adjoining owners who need notice (including leaseholders)
- Use the correct notice type (Section 1, 2, or 6)
- Include detailed work descriptions and technical drawings
- Serve notice 1-2 months before work (depending on type)
- Use proper service methods (recorded delivery or hand delivery)
- Be prepared to appoint surveyors if your neighbour dissents
- Never start work before the notice period expires
Most London homeowners find that using an experienced party wall surveyor to serve notices results in fewer disputes, better neighbour relations, and smoother projects.
Need Help Serving a Party Wall Notice?
Party Wall Agreement London provides expert party wall notice services throughout all London boroughs. We ensure legal compliance, proper service, and handle everything from initial notice through to party wall awards.
Contact us today for:
- Free initial consultation on your project
- Professional notice preparation and service
- Adjoining owner identification
- Complete party wall award service
- Expert dispute resolution