Creating a Party Wall Notice

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

With the Party Wall Notice being one of the most essential documents in property law, it’s important to understand why this document holds such significance and why proper steps must be followed when creating and serving it. From potentially being found guilty of a criminal offence to facing civil liability for damages and costs if the notice isn’t served correctly - failure to adhere to regulations can have serious consequences.

The Party Wall Notice has a legal purpose; to ensure that all parties affected by any building works or activities that may affect a party wall or boundary are protected in accordance with the Party Wall Act 1996. This means informing neighbours of any proposed works, giving them the opportunity to make objections and ensuring that certain specific information is included in the written notice (e.g. details about duration of work, start date etc.). Moreover, it’s also important that this document is served on all applicable parties including other property owners/tenants as well as those who may be affected by the works - two months ahead of commencement.

Understandably, getting your head around these procedures can be tricky – but thankfully there are solutions available which simplify this process so you are able to undertake your work confidently and securely. Genie AI provides free party wall templates which can help you seamlessly draft high quality notices without needing any additional legal assistance, plus our step-by-step guidance makes sure your paperwork meets all relevant requirements every time — no account needed! So whether you’re planning on carrying out some construction work or making a change that may affect other tenants/owners, make sure you look after everyone’s rights by ensuring that all protocols are met properly from start to finish – read on below for more information about accessing our template library today.

Definitions (feel free to skip)

Party Wall Notice: A document that is served by a property owner, tenant or contractor to inform adjoining owners of any proposed works that may affect their property.

Proposed Works: Changes to a property that may affect an adjoining property, including building an extension or boundary walls, or making structural changes or excavations.

Serving: Delivering a notice in person to the adjoining owner, either by post, hand-delivered or couriered.

Acknowledgement: Obtaining a signature from the adjoining owner to prove that they have received the notice.

Dispute Resolution: The process of settling a disagreement between two or more parties.

Plain Language: Clear and straightforward language that is easy to understand.

Legal Terms: Special words or phrases used in the legal field.

Contents

• What is a Party Wall Notice?
• When is a Party Wall Notice Required?
• Who is Responsible for Serving a Party Wall Notice?
• How to Serve a Party Wall Notice
• Find the contact information of the adjoining owner
• Deliver the notice to the adjoining owner
• Obtain a signature of acknowledgement from the adjoining owner
• Record the date of service on the notice
• Make a copy of the notice for your records
• How to Create a Party Wall Notice
• Gather information about the work to be done
• Write the notice using appropriate language
• Attach a plan and/or drawings of the proposed works
• What to Include in a Party Wall Notice
• A description of the proposed works
• Details of when the works will start and finish
• Contact information of the adjoining owner
• The address of the property
• The date of service
• What are the Consequences of Not Serving a Party Wall Notice
• Legal action could be taken against the person who did not serve the notice
• Financial costs of rectifying the situation
• Where to Find Advice on Party Wall Notices
• Seek advice from your local authority
• Research online
• Consult a professional
• How to Respond to a Party Wall Notice
• Read the notice carefully
• Respond to the notice in writing
• Negotiate with the other party
• What to Do if an Agreement Cannot be Reached
• Seek professional advice
• Apply for a Party Wall Award from the County Court or a surveyor

Get started

What is a Party Wall Notice?

• A Party Wall Notice is a legal document that is used in the UK when two neighbouring properties share a wall
• It is used to inform one neighbour of the proposed works that the other neighbour intends to undertake
• A Party Wall Notice must be served before any construction work begins
• It is used to protect both neighbours and gives them the opportunity to agree on any construction work that may affect both properties
• It is not a required document in all cases, however, it is always wise to serve a Party Wall Notice to avoid potential disputes
• When you can confirm that a Party Wall Notice has been served to the relevant neighbour, you can check this step off your list.

When is a Party Wall Notice Required?

• A Party Wall Notice is required when you intend to carry out any of the following works:
• Building on or at the boundary line;
• Demolishing and/or rebuilding a party wall or party structure;
• Excavating within three or six meters of a neighbouring property;
• Constructing a new wall or making alterations to an existing party wall;
• Installing beams or other structural supports;
• Carrying out underpinning work;
• Inserting a damp proof course;
• Installing a chimney, flue or soil and vent pipe;
• Carrying out excavations for a basement.
• You will know you can check this off your list and move on to the next step once you have familiarized yourself with the works that require a Party Wall Notice and you know when it is necessary to serve one.

Who is Responsible for Serving a Party Wall Notice?

• The person or persons who are undertaking work which is likely to affect a party wall are responsible for serving a Party Wall Notice
• If the works are jointly owned, then both parties must serve a Party Wall Notice
• If the property is rented out, then the landlord is responsible for serving the Party Wall Notice
• A professional surveyor should be used to serve the Party Wall Notice

You will know when you can check this off your list and move on to the next step when you have confirmed who is responsible for serving the Party Wall Notice.

How to Serve a Party Wall Notice

• Obtain the contact information of the adjoining owner
• Draft the Party Wall Notice
• Print the Party Wall Notice
• Deliver the Party Wall Notice to the adjoining owner
• Keep a record of the date the Party Wall Notice was served
• Upon successful completion of this step, you can check it off your list and move on to the next step of finding the contact information of the adjoining owner.

Find the contact information of the adjoining owner

• Check the land registry records to find their address and contact information
• If you are unable to find the details, you may need to contact the local authority or hire a professional to help identify the contact information
• Once you have the contact details, you know you can move on to the next step of delivering the notice to the adjoining owner

Deliver the notice to the adjoining owner

• Prepare two copies of your Party Wall Notice, one for yourself and one for the adjoining owner.
• Place the notice in an envelope and ensure it is properly addressed to the adjoining owner.
• Post the notice to the adjoining owner, or deliver it in person.
• When the notice has been successfully delivered, make a note of the date and time you delivered it.

How you’ll know when you can check this off your list and move on to the next step:

• Once the notice has been successfully delivered, you can move on to the next step, which is to obtain a signature of acknowledgement from the adjoining owner.

Obtain a signature of acknowledgement from the adjoining owner

• Ask the adjoining owner to sign the notice in the appropriate place
• Make sure the signature has been witnessed and dated
• Check that the signature is legible before you move on
• Once the signature has been obtained, the step is complete and you can move on to the next step.

Record the date of service on the notice

• Use a pen to carefully write the date that the notice was served on the wall notice
• Make sure to include the month, day, and year
• Once you have written the date of service, you can check this off your list and move onto the next step

Make a copy of the notice for your records

• Make a copy of the notice, either via a photocopier or printing out a separate copy.
• Keep the copy for your records, or to provide to the other party if necessary.
• You will know that this step is complete when you have a physical or digital copy of the notice.

How to Create a Party Wall Notice

• Collect all relevant documents, such as building plans, drawings, and documents related to the work that will be done
• Check to ensure that the documents accurately describe the work that will be done
• Make sure to include all relevant details, such as the date of the work, the parties involved, and the contact information for each party
• Draft the Party Wall Notice, making sure to include all of the details mentioned above
• Once the notice has been drafted and all information included, you can check this off your list and move on to the next step.

Gather information about the work to be done

• Ask the person who will be carrying out the work what they intend to do
• Ask how the work will be carried out
• Get a copy of the plans for the work
• Note down any additional information about the work you have been given
• Make sure that you have all the information you need to write the notice
• Check off this step when you have gathered all the necessary information about the work

Write the notice using appropriate language

• Compose a Notice of Intention to carry out work on the Party Wall, using formal language and legal terms
• Include the details of the work to be done, such as the type of work, duration, and any materials needed
• Provide the date of when the works will begin and finish
• Include the name and contact details of the homeowner proposing the works and the adjoining owner
• Include the address of the property affected by the works
• Include a statement that the adjoining owner has the right to appoint a surveyor
• Sign and date the notice
• When you are done writing the notice, you can check this step off your list and move on to the next step.

Attach a plan and/or drawings of the proposed works

• Collect all the drawings and plans of the proposed works
• Make sure they are clear and easy to read
• Attach the plans and/or drawings to the party wall notice
• Check that the plans and/or drawings are up-to-date and accurately reflect the proposed works
• When you have attached the plans and/or drawings to the party wall notice, you can move on to the next step!

What to Include in a Party Wall Notice

• Include the name and address of both the building owner and the adjoining owner
• Include the address of the property in which the proposed works are to take place
• Include the date on which the notice is served
• Include a description of the proposed works
• Include a plan and/or drawings of the proposed works
• Include the date by which the adjoining owner must reply to the notice

Once all of the above is included in the notice, you can check this step off your list and move on to the next step.

A description of the proposed works

• Describe the works that are being proposed in as much detail as possible
• Include information about the materials that will be used, the type of work that will be done, and the size and scale of the work
• Include drawings or sketches of the proposed works, if available
• Once you have described the proposed works in detail, check that your description is accurate and complete
• You can then move on to the next step of providing details of when the works will start and finish

Details of when the works will start and finish

• Determine when the proposed works will start and finish
• Record the date and time of the proposed works start and finish in the Party Wall Notice
• Include any relevant details that may affect the start and finish date of the works (e.g. weather, access, availability of materials)
• Provide the adjoining owner with a reasonable timeframe to reply to the notice
• Once you have written the details of the proposed works start and finish in the Party Wall Notice, you can move on to the next step (Contact information of the adjoining owner) of creating a Party Wall Notice.

Contact information of the adjoining owner

• Locate the contact information of the adjoining owner (name, address and contact details).
• Contact the adjoining owner and provide them with the details of your proposed works and a copy of your party wall notice.
• Request acknowledgement of their receipt of the notice and wait for their response.
• Once acknowledged, you can check this off your list and move on to the next step.

The address of the property

• Gather the address information of the property in question.
• Ensure you have the full and accurate address of the property, including the postcode.
• Double-check the address information you have acquired to make sure it is correct.
• When you have the full and accurate address of the property, you can move on to the next step.

The date of service

• Check the applicable laws in your jurisdiction as to when the notice must be served.
• If the applicable law does not specify a specific date, serve the notice at least two months before the work is scheduled to start.
• Use the date of service to determine when follow-up notices must be sent, if any.
• Once you have determined the date of service, you can check this off your list and move on to the next step.

What are the Consequences of Not Serving a Party Wall Notice

• Not serving a party wall notice can result in legal action taken against the person who did not serve the notice
• A court could order the work carried out to be undone or paid for
• The person who did not serve the notice may have to pay court costs and/or damages
• Disputes could arise between neighbours and could lead to costly court action

You can check this off your list when you have a clear understanding of the consequences of not serving a party wall notice.

Legal action could be taken against the person who did not serve the notice

• Consult a solicitor to understand the legal action that could be taken against the person who did not serve the notice
• If the situation requires legal action, determine the best course of action and follow through with it
• Check off this step once legal action has been taken or determined to not be necessary

Financial costs of rectifying the situation

• Calculate the cost of potential rectification works for the neighbour’s property.
• Assess who would be responsible for the payment of any rectification works.
• Agree on the costs and the payment responsibilities with the neighbour.
• Have the agreement in writing and signed by both parties.

Once you have calculated the cost of potential rectification works, assessed who would be responsible for the payment of any rectification works, agreed on the costs and payment responsibilities with the neighbour and have the agreement in writing and signed by both parties, you can move on to the next step.

Where to Find Advice on Party Wall Notices

• Research online for advice and guidance on party wall notices.
• Look for guidance from local authorities, such as your local council.
• Seek advice from your local surveyor who has experience in party wall matters.
• Contact your local Citizens Advice for further advice.
• Once you have found the advice and guidance you need, you can check this step off your list and move on to the next step.

Seek advice from your local authority

• Contact the local authority to understand their policies and procedures on party wall notices
• Ask them if they have any specific requirements or additional documents you need to submit
• Request information on any fees they may charge for the processing and issuing of the party wall notice
• Make a note of the contact details for the local authority office, as you will need to contact them for the final approval
• Once you have gathered all the information necessary and the local authority has provided the relevant documents and fees, you can check off this step and move on to the next step.

Research online

• Gather information about the Party Wall Act, the procedures involved, and the requirements for creating a party wall notice
• Understand the differences between a party wall notice and an access notice
• Make sure you understand your rights and responsibilities as the person proposing the work
• Read expert opinions and legal advice on creating a party wall notice
• When you have all the information you need about creating a party wall notice, you can move on to the next step.

Consult a professional

• Speak to a Chartered Surveyor with experience in Party Wall matters
• Ask about their qualifications and ensure they are compliant with the Party Wall etc. Act 1996
• Find out what services they can offer and if they have any experience relevant to your project
• Once you have chosen the right Chartered Surveyor, discuss the details of your project and the work you plan to do
• Ask them to provide you with a quote for the services they will provide
• When you have chosen the right Chartered Surveyor and received a quote, you can check this step off your list and move on to the next step.

How to Respond to a Party Wall Notice

• Make sure to read the notice carefully and understand the implications of the proposed works
• Decide whether to agree to the works or not, and if so, what modifications need to be made
• Consult your solicitor for advice on the legal responsibilities and obligations, if necessary
• Respond to the notice in writing, within 14 days of receipt, either agreeing to the works or setting out any modifications
• When you have responded, you can check this off your list and move on to the next step.

Read the notice carefully

• Carefully review the notice and take note of any specific instructions or requests.
• Read the notice thoroughly to make sure that you understand all of the details.
• Make sure to check the date the notice was issued, the name of the person who issued it, and any other relevant information.
• When you’ve read the notice and understand all of the details, you can check this step off your list and move on to the next step.

Respond to the notice in writing

• Reply to the notice in writing within 14 days of the date they sent it to you
• Include your full name, address, and contact information
• Clearly state whether you accept or reject the notice
• Be sure to keep a copy of your response for your records
• Once you have sent your response, you can check this off your list and move on to the next step.

Negotiate with the other party

• Make sure to discuss the situation with the other party, and come to an agreement on the work to be done, including the cost and duration
• Make sure to negotiate respectfully and to keep an open mind when coming to an agreement with the other party
• When an agreement is reached, be sure to document this agreement in writing and sign it by both parties
• Once the agreement has been documented and signed, you can check this step off your list and move on to the next step.

What to Do if an Agreement Cannot be Reached

• Ask a surveyor to act as an ‘agreed surveyor’ to resolve the dispute
• Agree on the terms of the surveyor’s appointment
• Present the evidence to the surveyor
• Follow the surveyor’s advice to resolve the dispute
• Once the dispute is resolved, the surveyor will issue a Party Wall Award
• You can then check this step off your list and move on to the next step of seeking professional advice.

Seek professional advice

• Consult with a qualified solicitor, surveyor, or other specialist to gain legal advice about the party wall notice process
• Consider their advice to ensure you understand your rights and obligations
• Once you have taken professional advice and are clear on your rights and obligations, you can move on to the next step of applying for a Party Wall Award from the County Court or a surveyor.

Apply for a Party Wall Award from the County Court or a surveyor

• Determine which route is best for you: applying to the county court or hiring a qualified surveyor
• Submit your application to the county court or hire a qualified surveyor to draft a Party Wall Award
• Notify your neighbour of your proposed works, including the date of your application to the county court or the hiring of a qualified surveyor
• Await a response from the county court or surveyor
• Once you receive the Party Wall Award from the county court or surveyor, you can proceed with your proposed works
• You can check this off your list when you have received the Party Wall Award and can proceed with your proposed works.

FAQ:

Q: What is the difference between a party wall notice and a boundary wall notice?

Asked by Monica on April 8th, 2022.
A: A party wall notice is an agreement between two or more people who share a boundary or party wall to ensure that works are carried out in a safe and amicable way. A boundary wall notice is different in that it is used to erect a fence or wall between two properties. A party wall notice can be used for other works such as excavations and underpinning, while a boundary wall notice is only used to erect a fence or wall.

Example dispute

Suing a Landlord for Breach of Party Wall Notice

• A party wall notice is a legal document outlining a landlord’s responsibility to protect their neighbours from any possible damage from construction work.
• A tenant or neighbour may sue a landlord for breach of a party wall notice if they can prove that the landlord has not followed the conditions outlined in the document.
• The tenant or neighbour must show that they suffered a loss or damage as a result of the landlord’s breach of the party wall notice.
• The tenant or neighbour may be awarded damages, or the court may order the landlord to follow the conditions of the party wall notice.
• The court may also require the landlord to pay any costs associated with the breach of the party wall notice, such as the tenant’s legal fees.

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