Party Wall Act Sections 1, 2 and 6: Which Notice You Need and How to Serve It Correctly
The wrong notice type, a missing drawing, or a vague start date restarts the clock. Here is exactly what each section requires.
Quick Answer: The Party Wall etc. Act 1996 provides three notice types. A Line of Junction Notice under Section 1 for new boundary walls, requiring 1 month. A Party Structure Notice for Section 2 works on existing party walls, requiring 2 months. An Adjacent Excavation Notice under Section 6 for foundation digs near a neighbour’s building, requiring 1 month. Your neighbour has 14 days to respond. Silence triggers deemed dissent — not permission to start.
- Section 1 = new wall on or at the boundary. 1-month notice. Line of Junction Notice.
- Section 2 = work to an existing shared wall. 2-month notice. Party Structure Notice.
- Section 6 = excavation near neighbour’s foundations. 1-month notice. Drawings mandatory.
- 14 days to respond. No response = deemed dissent. Not a green light.
- Email service is invalid without prior written consent from the recipient.
- A deficient notice does not start the statutory clock. You lose all the time you thought you bought.
What is a Party Wall Notice?
A party wall notice is a formal written document served by a building owner on every adjoining owner before starting notifiable building work under the Party Wall etc. Act 1996. It does three things: it tells the adjoining owner exactly what you plan to do and when, it starts a statutory clock that determines the earliest date work can legally begin, and it formally engages the Act’s framework of rights and protections for both sides.
Most London homeowners hear about party wall notices in week eight of their project when the builder is booked and the start date is set. Here is the problem: the minimum notice period for work to an existing party wall is two months. If you have not served notice yet, your builder is sitting on a live programme with nowhere to go. The party wall notice is not a formality you fit around the build. It is a legal prerequisite that controls when the programme can start.
The notice is not a courtesy letter. It is a statutory instrument. Serving the wrong type, addressing it to the wrong person, or missing any mandatory piece of information makes the notice legally deficient. A deficient notice does not start the statutory clock. You lose all the time you thought you had bought — and every day of delay on a London building site costs money.
Who Must Serve It
The building owner — the person or company carrying out the works — is responsible for serving the notice. This applies equally to homeowners, developers, landlords, and long leaseholders. Your architect, structural engineer, or party wall consultant can draft and serve notices on your behalf, but the legal responsibility remains yours.
Who Must Receive It
Every adjoining owner must receive a separate notice. Under Section 20 of the Act, adjoining owner means every person with a freehold interest or a leasehold interest for a term greater than one year in a property affected by the proposed works. In a converted Victorian house with three long-lease flats, the building owner may need to serve separate notices on three leaseholders and one freeholder — four notices for one building. Always check HM Land Registry before serving. Serving on an occupying tenant instead of the registered owner makes the notice invalid.
Not Sure Which Notice Type Your Project Needs?
Tell us what you are building and we confirm the correct notice type, notice period, and who needs to be served. Free, within one business day.
Ask Us on WhatsApp FreeAll 33 London boroughs covered. Nauman responds directly.
The Three Notice Types: Sections 1, 2 and 6
The Party Wall etc. Act 1996 provides three distinct notice types. Each covers a different category of work, carries a different statutory notice period, and requires different supporting documentation. One project often triggers more than one type simultaneously — a rear extension with a new boundary wall and deep foundations can require all three.
Line of Junction Notice (Section 1)
This notice applies when you want to build a new wall on or astride the boundary line between your property and your neighbour’s. Common triggers are the flank wall of a side return extension, a new garden wall on the boundary, or a new external wall built right up to but not crossing the boundary line.
If your neighbour consents, you can build the wall astride the boundary as a shared party wall. If they do not consent within 14 days, you may only build wholly on your own land. The notice must describe the intended wall, state the proposed start date, and be accompanied by plans where relevant.
Party Structure Notice (Section 2 works)
This is the most commonly served notice in London. It governs any work to an existing party wall or party structure under Section 2 of the Act. Works covered include cutting in steel beams, raising the height of a party wall, underpinning a shared wall, removing a chimney breast attached to the party wall, inserting a damp-proof course, exposing a party wall by removing a lean-to, and demolishing and rebuilding a party wall.
One important technical point: this notice is served under Section 3 of the Act — but the works it covers are those defined in Section 2. Several competitors incorrectly label this a Section 3 Notice. The correct term is Party Structure Notice. It governs Section 2 works and is served under Section 3. If your loft conversion requires steel beams into the party wall and you have not served notice, you need two clear months before your builder can touch that wall.
Notice of Adjacent Excavation (Section 6)
This notice applies when your excavation sits within 3 metres of a neighbouring building and goes deeper than their foundations under Section 6(1), or within 6 metres where your dig intersects a 45-degree plane from the base of their foundations under Section 6(2). In London, where Victorian terraces sit on 450 to 900 millimetre footings and modern building regulations demand 1,000 to 1,500 millimetre foundations, this notice fires on almost every rear extension, side return, and basement project in the capital.
The notice must include plans and sections showing the proposed excavation depth and its position relative to neighbouring structures. This is a mandatory statutory requirement — a Section 6 notice without drawings is deficient and invalid, regardless of how well-worded everything else is.
Three Notice Types at a Glance
| Notice Type | Works Covered | Served Under | Notice Period | Drawings |
|---|---|---|---|---|
| Line of Junction Notice | New wall on or at the boundary line | Section 1(2) or 1(5) | 1 month | Recommended |
| Party Structure Notice | Work on existing party wall: beams, chimney, underpinning, damp-proofing | Section 3 | 2 months | Strongly recommended |
| Adjacent Excavation Notice | Excavation within 3m or 6m of neighbour’s foundations | Section 6(5) | 1 month | Mandatory by statute |
What Every Valid Notice Must Contain
The Act does not prescribe a standard form for any notice, but it does prescribe minimum content. A notice missing any of these elements is legally deficient and does not start the statutory clock. There is no grace period. A deficient notice is simply not a valid notice.
Mandatory Content for All Three Notice Types
Every party wall notice must include: the full name and address of the building owner; the full name and address of every adjoining owner being served; the address of the property where works will take place; a clear description of the proposed works including the type of work, the intended location, and any relevant structural method; the proposed start date, which must be at least one or two months from the date of service depending on the notice type; and an explicit statement that the notice is served under the Party Wall etc. Act 1996.
Additional Mandatory Content for Section 6 Notices
A Notice of Adjacent Excavation must additionally include plans and sections showing the site of the proposed excavation and its depth, together with the position of any new building or structure to be erected. It must also state whether the building owner proposes to underpin or otherwise strengthen or safeguard the neighbouring foundations. These are not optional additions. A Section 6 notice without drawings is invalid regardless of how well-worded the rest of it is.
Notice Validity Period
Once served, a valid party wall notice remains valid for twelve months. If the notifiable works have not started within twelve months of service, the notice lapses and must be re-served. Do not serve notice too early. There is no benefit to serving eighteen months ahead and significant risk that the notice lapses before the project reaches site.
How to Serve a Party Wall Notice Correctly
Getting the content right is only half the job. Service must also be carried out in a method the Act recognises. Section 15 of the Party Wall etc. Act 1996 specifies the permitted service methods. A perfectly drafted notice served by an unrecognised method is still an invalid notice and does not start the statutory clock.
The Four Valid Service Methods
Section 15 of the Act permits four methods. Hand delivery to the adjoining owner in person, or through the letter box of the property. First class post addressed to the adjoining owner at the property. Registered or recorded post with proof of delivery. Electronic service, but only where the recipient has previously given written consent to receive notices electronically and has provided a specific electronic address for that purpose.
Email without prior written agreement is not valid service. This catches a significant number of building owners who assume email is acceptable because it is how they communicate on every other aspect of their project. It is not. Posting to the property is always the safe default.
Keep Proof of Service
The date of service starts the statutory clock. If a dispute later arises about whether notice was validly served or on what date, you need documentary evidence. For hand delivery, use a witness and make a written note with the date and time. For post, keep the tracked delivery receipt. For electronic service, keep the prior written consent agreement and the delivery confirmation. A party wall consultant serving notices on your behalf will maintain a formal service record as a matter of course.
The 14-Day Response Window and What Happens Next
Once a valid notice is served, the adjoining owner has 14 calendar days to respond in writing. Three outcomes are possible. Written consent allows works to proceed on the notified start date. Written dissent triggers the surveyor appointment process. No response at all triggers deemed dissent under Sections 5 and 6(7) of the Act, which is treated identically to a formal objection — not as permission to start.
Outcome 1: Written Consent
The adjoining owner signs and returns the acknowledgement within 14 days confirming they consent to the works. The statutory process ends here for that relationship. Works can proceed on the notified start date. The building owner is still bound by the Act’s duties of care, compensation obligations, and the right to make good any damage. Written consent is not a waiver of those obligations — it simply removes the need for a surveyor-produced award. Keep the written consent document in your project file.
Outcome 2: Written Dissent
The adjoining owner formally objects within 14 days. A dispute exists under the Act. Both parties must appoint surveyors. The building owner appoints their own surveyor and the adjoining owner appoints theirs. Alternatively, both can agree on a single agreed surveyor acting for both parties. The surveyor or surveyors produce a Party Wall Award before works start. The building owner pays the reasonable costs of the award process including the adjoining owner’s surveyor fees.
Outcome 3: No Response (Deemed Dissent)
The adjoining owner says nothing for 14 days. The Act treats silence as dissent under Sections 5 and 6(7). A dispute is deemed to have arisen. The surveyor appointment process begins exactly as if the neighbour had formally objected. The building owner then serves a formal request giving the adjoining owner 10 days to appoint a surveyor. If they still do not appoint, Section 10(4) of the Act allows the building owner to appoint a surveyor on the adjoining owner’s behalf. The process continues and produces a binding award regardless of the neighbour’s continued silence.
The Deemed Dissent Timeline: Day by Day
Notice served on adjoining owner
Keep proof of service with the exact date recorded. This is day zero of the statutory clock.
Response window open
Wait. Chase informally if no reply by day 10. The adjoining owner must respond in writing to consent or dissent. Do not assume silence is a positive sign.
Deemed dissent fires if no written consent received
Serve the 10-day surveyor appointment request on the adjoining owner immediately. Do not wait.
Neighbour must appoint their surveyor
If no appointment is made by day 24, the building owner may appoint a surveyor on the adjoining owner’s behalf under Section 10(4) of the Act.
Surveyors produce the Party Wall Award
Schedule of Condition completed. Method statement, drawings, and access arrangements agreed. Award drafted, agreed, and served on both parties.
Works can begin
Follow the award conditions exactly. Maintain a site diary and photographic record throughout. Notify your surveyor immediately if any issue arises.
Six Mistakes That Invalidate a Party Wall Notice
These are the six errors that restart the clock most often on London building projects. Each one is entirely avoidable with a properly drafted notice served by a party wall consultant. Each one has cost building owners weeks of delay and thousands in wasted builder standing time.
Wrong Recipient
Serving the notice on the occupying tenant instead of the registered freeholder or long leaseholder. Always check HM Land Registry before serving. A title register search prevents a two-month delay and costs a few pounds.
Missing Drawings on a Section 6 Notice
A Notice of Adjacent Excavation without plans and sections showing depth and position is invalid by statute. The drawings are mandatory, not optional. A verbal description of the foundation depth in the notice text does not satisfy this requirement.
Vague Start Date
Stating “summer 2026” or “as soon as possible” as the intended start date. The start date must be a specific date at least one or two months from the date of service depending on the notice type. A vague date renders the notice deficient.
Email Service Without Prior Written Agreement
Email is only valid service where the adjoining owner has previously given written consent to receive notices electronically and provided a specific electronic address. Sending a notice to a general email address without that prior agreement is not valid service under Section 15 of the Act.
Missing Joint Owners
A property owned jointly by two registered proprietors requires the notice to name both. A notice naming only one joint owner is served on the wrong party and is deficient. In a converted flat block with four registered owners, you need four separate notices.
Wrong Notice Type for the Works
Serving an Adjacent Excavation Notice when the works actually require a Party Structure Notice for steel beams into a shared wall, or vice versa. Each notice type covers specific categories of work. Using the wrong type means the correct works are never properly notified and the clock never starts for those works.
Get Your Notice Drafted and Served Correctly First Time
We prepare Section 1, 2, and 6 notices with all mandatory content, serve them by recorded delivery, and maintain a formal proof-of-service record. Fixed fee, no hidden costs.
Ask Us on WhatsApp FreeSame-day service available across all 33 London boroughs.
Counter Notices: What Your Neighbour Can Demand
Under Section 4 of the Party Wall etc. Act 1996, an adjoining owner who receives a Party Structure Notice can serve a counter notice within one month of receipt. A counter notice can request additional works for the adjoining owner’s own benefit — for example, chimney flues being incorporated into the new structure, or deeper foundations to allow future development. The building owner must comply with the counter notice if it is reasonable. The adjoining owner bears the cost of any additional works they request for their own benefit.
Counter notices are relatively rare in residential projects but are more common on mixed-use and commercial party wall matters. If you receive a counter notice, your party wall consultant will review it for reasonableness and advise on compliance. A counter notice that is unreasonable or requests works beyond the scope of what the Act allows can be challenged through the surveyor award process.
Notice Costs: What You Will Pay
Party wall notice costs in London depend on the notice type, the complexity of the works, and whether your neighbour consents or dissents. A simple Section 1 notice you draft yourself using the government’s template costs postage only. A Section 6 notice with mandatory engineering drawings and a full award process on a basement project can cost £3,000 to £6,000. The right cost depends entirely on your project.
| Route | London Cost Range 2026 | Best For |
|---|---|---|
| DIY using GOV.UK template | Free (postage only) | Simple Section 1 notice, consenting neighbour, no excavation |
| Consultant-drafted notice only | £200 to £400 | Section 2 or 6 notice where drawings are involved |
| Notice plus Schedule of Condition | £650 to £1,100 | Neighbour likely to consent but wants a condition record |
| Full award (agreed surveyor) | £900 to £1,800 | Neighbour dissents or does not respond |
| Full award (two surveyors) | £1,800 to £3,500 | Neighbour appoints their own surveyor |
| Basement project (Section 6 complex) | £3,000 to £6,000 | Deep excavation with Third Surveyor involvement |
For a full breakdown by project type see our party wall surveyor fees guide.
Case Law That Governs Notice Validity
Four cases are directly relevant to party wall notice validity in London. Together they establish that a valid notice is not optional, that verbal consent is worthless, that courts will order demolition for serious breach, and that written consent is not a blanket waiver of rights during works.
Power and Kyson v Shah [2023] EWCA Civ 239
The Court of Appeal confirmed the “no notice, no Act” principle. Without a valid party wall notice, the Act is not engaged at all. The adjoining owner has no recourse to Section 10 dispute resolution and is left with common law remedies only. Simultaneously, the building owner loses the Act’s protective framework. Both sides suffer. This is the single most important judgment for anyone considering whether to bother with the notice process. The answer is: you cannot afford not to.
Nutt v Podger and Veda Road Ltd [2021]
Verbal consent from a neighbouring occupier was treated as legally worthless. The court confirmed that consent under the Act must come from the person with the relevant legal interest and must be given in writing. A handshake agreement with the person who lives next door, however genuine, is not consent under the Act.
Ormiston-Kilsby v Fattahi [2019]
A mandatory injunction was granted requiring partial demolition of an extension built without party wall notices. The court ordered structural removal, not merely a financial penalty. Ignoring the notice obligation is not a low-risk gamble on paying compensation later. Courts have shown willingness to require physical demolition of completed works.
Onigbanjo v Pearson [2008] BLR 507
Written consent given by an adjoining owner after receiving a valid notice does not strip away the right to invoke surveyor jurisdiction if a specific dispute arises during works. Consent is not an all-encompassing waiver. The adjoining owner retains all their rights under the Act throughout the build.
Key Takeaways
- Three notice types: Line of Junction (Section 1, 1 month), Party Structure (Section 2 works, 2 months), Adjacent Excavation (Section 6, 1 month). Know which applies before the build programme is set.
- A Section 6 notice without drawings is invalid by statute. No exceptions. No workarounds.
- Email service is only valid with prior written consent from the recipient specifying an electronic address. Posting to the property is always the safe default.
- Silence from your neighbour after 14 days triggers deemed dissent. It is not permission to proceed. The surveyor appointment process must start immediately.
- Following Power and Kyson v Shah [2023], skipping the notice strips both sides of the Act’s protection simultaneously. Both building owner and adjoining owner suffer.
- Serve at least three months before your intended start date. This absorbs the notice period and any award timeline without disrupting your build programme.
- Always check HM Land Registry before serving. Serving on the wrong person makes the notice invalid and restarts the clock entirely.
Frequently Asked Questions
Related Guides
Ready to Get Your Notice Served and the Process Started?
We handle Section 1, 2, and 6 notices, manage the full award process, and cover every London borough. Fixed fees. No surprises.
Ask Us on WhatsApp FreeNauman Zafar responds directly. No call centres. No waiting rooms.