Party structure notice: when and how to serve one

A party structure notice is the formal notice generally used before exercising rights to undertake works listed in section 2 of the Party Wall etc. Act 1996. It is given under section 3 and is especially relevant to work affecting an existing shared wall or a party structure such as a floor between flats. It is not the notice for every kind of building work near a neighbour.

When might you need one?

Projects often raise a section 3 question when they involve cutting into the party wall for steel beams, raising the height of a shared wall, carrying out certain structural repairs, underpinning, or removing a chimney breast that forms part of the party structure. A loft conversion may require a notice if the structural design relies on work to the party wall; the fact that the property is terraced or semi-detached does not itself mean every loft conversion needs one.

Compare the actual proposed work against the rights described in section 2 of the Act. Where the project only includes internal decorating, plastering or ordinary electrical sockets, the government says these minor works generally do not require a notice.

When should you serve a party structure notice?

At least two months before the intended start date. Section 3 also provides that the notice ceases to have effect if the work has not begun within twelve months and is not prosecuted with due diligence. A neighbour's written agreement can permit an earlier start in the circumstances set out in the Act; do not treat a friendly conversation as that written agreement.

What information belongs in the notice?

• The name and address of the building owner or owners.
• Identification of the property where works are proposed and the relevant adjoining owner.
• The nature and particulars of the proposed work: be specific about what is being cut into, raised, repaired or otherwise affected.
• The proposed start date, allowing for the statutory period.
• For special foundations, the additional plans, sections, construction details and load information required by section 3.

GOV.UK provides Example Letter 1 as a free party structure notice model, with positive and negative acknowledgement examples. These official letters are a useful way of checking the type of information expected.

What happens after the neighbour receives it?

Your neighbour can consent in writing, or a dispute can arise. Under section 5, if an adjoining owner does not serve written consent within 14 days of service of the party structure notice, they are deemed to have dissented. That is not automatic permission to start work. A dispute may require the surveyor procedure under section 10 before relevant work proceeds.

Keep a copy of the notice, any attachments, evidence of service and any written response. Where there are adjoining owners on both sides of a terraced property, consider each affected ownership separately. Where ownership is complex or drawings are needed, seek qualified advice before serving.

Is a surveyor required to write the notice?

Not automatically. GOV.UK explains that building owners may prepare and serve their own notices, provided the correct requirements are followed. Surveyor involvement becomes important where a dispute arises; technical or legal advice may also be useful before service on complicated projects. Our surveyor guide explains the distinction.

Before sending: a four-point check

1. Make sure the work really falls within the relevant party structure provisions.
2. Check all adjoining owners, including any relevant joint owners.
3. Review the description and any required technical information against the design.
4. Check the dates, serving method and response arrangements.

See also our notice template overview, notice periods and loft conversion guide.