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Dear ,
The Party Wall etc. Act 1996
Notice of proposed works under
As the owner of , , which is adjacent to your premises at , , of , notify you that in accordance with rights under
Further information about the Act can be found in the explanatory booklet available to download from: https://www.gov.uk/party-wall-etc-act-1996-guidance.
The proposed works are: .
intend to start work on or after .
In the event of any dispute between us under the Act, would you be willing to agree to the appointment of an 'Agreed Surveyor'? If the answer is yes, suggest using of , , but would be happy to receive your alternative proposal. If the answer is no, please let know who you would like to appoint as your surveyor.
_________________________________
_________________________________
Date of signature
Dear
The Party Wall etc. Act 1996
Acknowledgement of Notice
As adjoining owner of , and having received notice dated in respect of the proposed works at , and without prejudice to any of my rights under the Act,
Please tick the appropriate box:
I am content for the works set out in your notice to go ahead as proposed. [ ]
or
I am not content for the works set out in your notice to go ahead as proposed and concur in the appointment of of , to act as agreed surveyor. [ ]
or
I am not content for the works set out in your notice to go ahead as proposed and appoint the surveyor detailed below: [ ]
Surveyor Name:_________________________________
Surveyor Contact Details:_________________________________
Yours sincerely
_________________________________
_________________________________
Date of signature
Please note that all adjoining owners should sign.
This Party Wall Notice template covers:
the sections and details of the Act that the Notice relates to
details of the works the property owner intends to carry out
when they propose to start work
whether the proposed work involves special foundations
suggesting an agreed surveyor
a template for adjoining owners to use to consent to the works
If a property owner doesn't correctly notify their neighbours of their intention to start works that are covered by the Party Wall etc. Act 1996, the neighbours may be able to obtain a court injunction that stops them from carrying on with their works. Carrying out work near a property boundary without discussing your plans with your neighbours first can also cause animosity and unpleasantness between neighbours, which is best avoided.
You need to discuss your plans with neighbours and correctly serve Party Wall Notices to avoid the above, if you’re planning to carry out relevant works.
Property owners must tell their neighbours (ie adjoining owners) if they plan to:
build on or at a boundary between properties (eg building a new wall or other structure)
work on an existing party wall or party structure, or
excavate (ie dig) within a certain distance of an adjoining building or structure. The relevant distance is:
3 metres horizontally, if the excavation will extend lower than the bottom of the adjoining building or structure’s foundations, or
6 metres horizontally if, within those 6 metres, a 45° line downwards from the bottom of the adjoining building or structure’s foundations towards the excavations will hit the excavations
Examples of works carried out on an existing party wall or party structure include:
cutting into a party wall
making a party wall taller, shorter, or deeper
removing chimneys from a party wall
knocking down and rebuilding a party wall
If you’re carrying out work on an existing party wall or party structure, you generally don't need to use Party Wall Notices if you’re only making minor changes. Minor changes may include plastering, adding or replacing electrical wiring and sockets, or drilling to put up shelves or cabinets. If these minor works may influence the structure’s structural strength or support functions, or they may damage an adjoining owner’s side of the wall, Party Wall Notices may be required. If you’re unsure, you should contact a surveyor or other suitably qualified building professional.
A party wall is part of a building that is a wall that either:
Walls may not be party walls if they’re simply boundary walls (eg fences) built on one property or if they’re external walls that are built up to but which are not on a boundary.
A freestanding wall (ie a wall that’s not part of a building) can be a party fence wall if it crosses a boundary between properties, separates them, and is not a temporary structure.
The situations in which Party Wall Notices need to be sent generally apply to both party walls and party fence walls.
A party structure is a party wall or another structure that separates buildings or that separates parts of buildings that are approached by different staircases or entrances. For example, floors or ceilings that separate two flats.
For more information, read Party wall matters.
For the purposes of Party Wall Notices, property owners (or ‘building owners’) are anybody who wants to carry out works to a property who either:
owns the freehold of the property
owns a leasehold of the property for longer than a year
has a contract to purchase one of the above, or
is entitled to receive the rents or profits of the land
If your works require Party Wall Notices to be sent, they should be sent to all ‘adjoining owners’. Adjoining owners are anybody who owns land, buildings, or rooms adjacent to the property owner’s property. ‘Owner’ in the context of ‘adjoining owner’ covers various people, as it does for property owners (ie freeholders, certain leaseholders, those with contracts to purchase, and those with rights to the benefits of the land).
If you’re carrying out excavations only, the adjoining owners will only be those whose property is within the relevant distance of the excavations (ie 3 metres or 6 metres).
There are three types of Party Wall Notice, which cover three separate situations:
a party structure notice - if you’re working on an existing party wall or party structure
a line of junction notice - if you’re building a new structure on or at a boundary
a 3-metre notice or a 6-metre notice (ie a notice of adjacent excavation) - if you’re carrying out relevant excavations
If you’re carrying out multiple different types of work (ie more than one of the above notices is appropriate for your situation), you’ll need to make and serve different notices for each type of work.
The legally required notice period depends on the type of works intended. Generally, the required amount of notice is:
at least two months’ notice before the work is due to commence for a party structure notice
at least one month’s notice before the work is due to commence for a line of junction notice (ie for new structures) or a 3/6 metre notice (ie for excavation)
An adjoining owner’s options after receiving a Party Wall Notice differ slightly depending on the type of notice received. An adjoining owner can always either:
give consent to the suggested works in writing within 14 days
ignore the notice
refuse consent to the works
If consent is refused or the notice is ignored (ie no response is received within 14 days), a dispute will arise (see the FAQ ‘What happens if a dispute arises?’ for details). The exception to this is if consent is not granted in relation to a line of junction notice about building on a junction line. In this case, the property owner may go ahead with the works (ie without having to navigate a dispute first), but they must build the structure wholly on their own land and at their own expense.
If the notice was a party structure notice (ie a notice about works to an existing party structure), the adjoining owner may alternatively serve a counter-notice requesting additional or modified works be done at the same time (they may have to pay for these if they benefit from the works). A counter-notice must be served within one month of the original Party Wall Notice. If a counter-notice is served, the property owner is expected to comply with the requests it contains unless it causes them unnecessary inconvenience or delay, or it would be otherwise injurious to them. If the property owner does not respond to a counter-notice with their consent within 14 days, a dispute will arise.
If a dispute arises, and the neighbours cannot reach an agreement between themselves (if they do so, it should be recorded in writing), either:
an agreed surveyor should be appointed - they should be independent and not, if applicable, the same surveyor the property owner is using for their own works. Otherwise, the adjoining owner is unlikely to view the surveyor as neutral. Or,
each owner can appoint their own surveyor, and the two surveyors will work together to resolve the dispute. A third surveyor is selected if the two appointed surveyors can't agree on an outcome
The surveyor(s) will analyse the situation and make a party wall award, which decides what will happen to resolve the dispute.
A surveyor can be anyone that’s not a party to the matter, but they should:
be impartial (eg not already advising on the proposed works)
have a good knowledge of construction
Note that you cannot act as your own surveyor. If your neighbour refuses or fails to appoint a surveyor, you can appoint one on their behalf.
It’s best practice to find a reputable, professional surveyor using The Royal Institution of Chartered Surveyors’ (RICs’) Find a Surveyor service.
A party wall award is a legal document that sets out the works to be carried out and how they are to be carried out, to resolve a dispute. The appointed surveyor(s) decide who will pay the costs of producing the award and of any necessary checks to ensure that the work has been carried out according to their instructions. For more information, read Party wall matters.
If you have concerns about a party wall surveyor you should contact the Citizens Advice Bureau Consumer helpline. If the surveyor is a member of a professional body, such as The Royal Institute of Chartered Surveyors (RICS), you can contact RICs to find out about their complaints procedures.
A party wall award is legally binding. However, if you are unhappy with a party wall award, you can appeal against the award at a county court within 14 days of receiving it. To do so, you will need to file an appellant’s notice (form N161) at the county court, stating the reasons for your appeal.
A property owner will need to pay for any work which they start on their party wall.
An adjoining owner will usually need to pay if they ask for additional work to be done which benefits them (ie if this is requested via a counter-notice). They may also have to contribute to the costs if works are needed as a result of defects or lack of repair.
If the parties cannot agree regarding costs, an appointed surveyor(s) will decide who pays what.
Making your Party Wall Notice online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all the information about your neighbours, property, and intended works prepared in advance, creating your document is a quick and easy process.
You’ll need the following information:
Party details
What is the property owner’s name? If there are multiple owners, you’ll need the names of all owners.
What’s the address of the property owner’s property, where the intended works will take place?
If the property owner(s) don’t live in the property for which works are intended, what is their correspondence address?
What’s the address of the adjoining property that this Party Wall Notice is for? If there are multiple adjoining properties, you should make a separate Notice for each property.
What is the adjoining owner’s name, or all of their names if there are multiple (if known)?
If the adjoining owner(s) don’t live in the property for which works are intended, what is their correspondence address?
The notice
On what date is the notice being sent?
Which type of Party Wall Notice are you making?
The works
What works are you intending to carry out?
When do you intend to start work? Make sure that this date allows you to give the adjoining owner adequate notice.
If you’re making a party structure notice, will this involve special foundations? If you’re making a 3-metre or 6-metre notice:
How close are the intended works to the adjoining owner’s property - within 3 or 6 metres?
Are you planning to strengthen or safeguard the foundations of the adjoining owner’s property?
If you’re making a line of junction notice:
Will the new wall be wholly on your side of the boundary between the properties or will it be astride the boundary?
Will the wall’s foundations be reinforced? Will they project over the boundary?
The agreed surveyor
Who do you suggest is used as an agreed surveyor if a dispute arises?
If you’re not sure about the answers to some of these questions, ask your architect, engineer, or other construction professional if you have one working on your project - they may be able to help.
Party Wall Notices set out the works that a property owner intends to undertake and how they will be carried out, to help the property owner meet their obligations under the Party Wall etc. Act 1996. To do this, this Party Wall Notice template includes the following sections:
The header
The letter starts with a clear statement of the type of Party Wall Notice that it forms. It then formally sets out the property owner’s and adjoining owner’s correspondence addresses and the date that the notice was created.
The Party Wall etc. Act 1996
Under this line, the letter identifies exactly which provisions of the Act the Notice is being created under and reiterates what type of notice it is.
The rights being asserted
The body of the letter starts by asserting the property owner’s right (dependent on consent etc.) under the relevant section of the Party Wall etc. Act 1996 to carry out their intended works. It introduces their intentions (eg to build within 3 metres of and below the adjoining property’s foundations). It refers the adjoining owner to the Government’s guidance on the Act for more information.
The intended works
The notice progresses to explain the works you intend to carry out. This includes a general description of the intended works as well as the date the works are to commence.
If there are any particularly important aspects of your intended works (eg projecting or special foundations), these will be explicitly communicated here.
If you’re creating a line of junction notice, this section will state whether you’re intending that the new party structure sit entirely on your side of the boundary or astride it.
If plans must be attached for the works you intend to carry out, this section will state that they are attached/accompanying the Notice.
‘If you are content for the works to go ahead…’
Next, the letter asks the adjoining owner to sign and return the letter attached to the Party Wall Notice within 14 days, if they consent to the works. It explains that, if this does not occur, a dispute will arise.
If the letter is a line of junction notice, this request will be incorporated into the previous section and will explain that, if written consent for the structure to be built astride the boundary is not granted within 14 days, it will be constructed entirely on the property owner’s side.
‘In the event of a dispute…’
This paragraph asks the adjoining owner to agree to a suggested agreed surveyor or to suggest an alternative surveyor.
Signatures
The letter is to be signed and dated here by the property owner(s).
The Party Wall etc. Act 1996 Acknowledgement of Notice
This section is preceded by a letter heading in which the adjoining owner is sending a letter to the property owner. It provides a template for the adjoining owner to use to provide written consent to the intended works in response to the Party Wall Notice.
It asserts that they received the Notice relevant to the specified properties. It then sets out various statements regarding consent to the works that the adjoining owner can tick. These will indicate their consent or lack of consent to the works (and, if applicable, special foundations in particular). If they do not consent, they can indicate their agreement to the property owner’s suggested agreed surveyor or they can appoint their own surveyor.
This is followed by a space for the adjoining neighbour to sign and date the acknowledgement of notice.
The property owner (ie the person sending the initial Party Wall Notice) should leave this section (eg the signature section) empty.
Clearly set out the works you want to carry out
Ambiguity can bring risk into legal matters. Make sure you’re clear and precise when you explain the works you want to carry out and the structures/locations upon which they are to be carried out. For example, your explanations shouldn’t be capable of being applied to works of different degrees of complexity. If there’s ambiguity, this could lead to disputes if, for example, there’s disagreement after the works are actually carried out as to exactly what works an adjoining neighbour agreed to.
Make sure you uphold adjoining owners’ rights under the Act
Even once consent to works is granted, a property owner must uphold adjoining owners’ rights under the Party Wall etc. Act 1996 when carrying out works. For example, adjoining owners must not be exposed to any unnecessary inconvenience and must be compensated for any loss or damage caused to their property by the works. For more information, read the Government’s guidance on the Act.
Understand when to seek advice from a lawyer or a surveyor
In some circumstances, it’s good practice to Ask a lawyer for advice to ensure that you’re complying with the law and that you are well protected from risks. You should consider asking for advice if:
you're unsure if your works are covered by the Party Wall etc. Act 1996
you've started works without giving notice to all adjoining owners
you're in dispute with adjoining owners and can't agree on an appointed surveyor
you are based outside of England and Wales, as there are different rules in Scotland and Northern Ireland
Some questions will be better resolved by a surveyor. You can find a surveyor using The Royal Institution of Chartered Surveyors’ (RICs’) Find a Surveyor service.
