The short answer
It depends on the type of work. A party structure notice — for works to the party wall itself, served under section 3 — must give at least two months before that work begins. A line of junction notice (section 1, for building a new wall on the boundary) and a notice of adjacent excavation (section 6) each require at least one month. These are minimum periods, so you can serve earlier; but a party structure notice also lapses if the work has not begun within twelve months, so it is possible to serve too early as well.
Why it matters
The notice periods are:
- Party structure notice (section 3) — two months.
- Line of junction notice (section 1) — one month.
- Notice of adjacent excavation (section 6) — one month.
Where a project triggers more than one — an extension needing both an excavation notice and a party structure notice, say — the longest period governs your earliest start, usually the two-month party structure period. The period runs from valid service, so how and when you serve matters. Consent does not shorten the period unless the adjoining owner agrees in writing to an earlier start. And because a party structure notice ceases to have effect if the work has not begun within twelve months and proceeded with due diligence, there is a window: serve early enough to clear the period, but not so early that it lapses.
What to do now
- Identify which notice or notices your work needs.
- Serve the right period before starting, and plan around the longest one.
- Serve early enough to clear the period, but within the twelve-month window.
- If a dispute arises, a single agreed surveyor acting for both owners is the quicker, cheaper route — the one Coburns recommends.
Common mistakes
- Assuming every notice is one month — the party structure notice is two.
- Starting before the period expires.
- Serving so far ahead that a party structure notice lapses.
- Forgetting that the longest period governs the start date.
When to call Coburns
Tell us your works and we will confirm the right notice periods and serve the notices free of charge.