Party Wall etc. Act 1996 specialists · London & the Midlands Free advice · info@coburnspartywall.co.uk · 0207 11 88 3 55
Knowledge base · Notices & consent

What building work requires a party wall notice?

Work to a shared (party) wall, building a new wall on the boundary, and excavating close to a neighbour’s foundations all require a party wall notice under the Party Wall etc. Act 1996 — whatever planning consent you hold.

The short answer

Three broad categories of work are notifiable under the Party Wall etc. Act 1996: work to an existing party wall or structure; building a new wall on or at the boundary; and excavating near a neighbour’s building. If your project falls into any of these, you must serve the right notice before starting — regardless of planning permission or permitted development, and even on a detached house where the excavation rules are met.

Why it matters

In more detail:

  • Work to the party wall or structure (section 2) — cutting in beams, raising, thickening or rebuilding the wall, removing a chimney breast on it, cutting in flashings, inserting a damp-proof course, or demolishing and rebuilding.
  • Building on the line of junction (section 1) — a new wall up to or astride the boundary.
  • Excavation (section 6) — within three metres and deeper than the neighbour’s foundations, or within six metres on the 45° line.

So rear, side and two-storey extensions, loft conversions with steels, basements, underpinning, boundary walls on the line and chimney breast removal are all typically notifiable. Work that is usually not notifiable includes jobs that do not touch the party wall or trigger the excavation rules — replastering your own side, fitting a kitchen, or minor internal works. Borderline cases are worth checking before you assume.

What to do now

  • If your neighbour does dissent, suggest a single agreed surveyor acting fairly for both of you — cheaper and faster than two. Coburns recommends this wherever possible.
  • List exactly what your project involves.
  • Map each item to the three categories above.
  • Identify every adjoining owner — both sides on a mid-terrace, plus any flats and freeholders.
  • Serve the right notice with the correct period before you start.
  • If anything is borderline, ask a surveyor before committing to a start date.

Common mistakes

  • Assuming planning permission or permitted development removes the duty.
  • Assuming a detached house is exempt from the excavation rules.
  • Treating chimney breast removal or flashing cuts as “minor”.
  • Missing one of the excavation triggers, or one of the owners.

When to call Coburns

Send us your plans and we will tell you, free of charge, exactly what is notifiable, identify all the adjoining owners, and serve the notices for you.

Disclaimer. This article is for general information only and is not legal or professional advice. It is not tailored to any specific property, project or dispute, and the law and its application can change. Always seek advice from a suitably qualified professional before taking action. Coburns Party Wall accepts no liability for action taken in reliance on this article.

Send us your plans, notice or letter

Planning work, or received a party wall notice? Send your drawings, the notice, or any letter from a surveyor and we’ll tell you exactly where you stand — clear, transparent fees and no obligation.