Do I Need a Party Wall Notice? A Practical Guide for Developers and Homeowners

If you're planning a new-build, extension, loft conversion, or basement, you may have heard you need to serve a Party Wall Notice — but what exactly does that mean, and when is it required?

At ONFORM, we regularly advise developers and homeowners across Bournemouth, Poole, Dorset, Hampshire, Wiltshire, Berkshire, Surrey and London on how to stay compliant and avoid unnecessary delays. This guide sets out the basics of when a notice is needed, who it applies to, and what to expect from the process.

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What Is the Party Wall etc. Act 1996?

The Party Wall etc. Act 1996 is a piece of legislation designed to prevent disputes between neighbours when building works affect a shared wall or close proximity to another structure. It gives you the right to carry out certain works — but only after serving formal notice to affected adjoining owners and, in some cases, reaching a legally binding agreement known as a Party Wall Award.

When Do You Need to Serve a Party Wall Notice?

You must serve a Party Wall Notice if your works fall into one or more of the following categories:

  • Work directly to a party wall, such as cutting into it, raising it, or removing chimney breasts

  • Excavating within 3 or 6 metres of a neighbouring structure, depending on the depth of foundations

  • Building on or astride the boundary line (even if it's your land)

Examples include:

  • Rear and side extensions

  • Loft conversions with steel beams

  • New basements

  • New builds close to another property

If you’re unsure whether the Act applies, we recommend getting professional advice early — the consequences of not serving notice can be costly.

Who Do You Need to Serve Notice On?

You must serve notice on:

  • The freeholder of the adjoining property

  • Any leaseholder with more than 12 months remaining on their tenancy

  • In some cases, long-term tenants under agreements such as shared ownership

Even if the building next door is divided into flats, you may need to serve multiple notices — including to the freeholder and each long-term leaseholder directly affected.

What Happens If a Neighbour Objects?

If your neighbour consents in writing, you can usually proceed after the notice period.

If they dissent (or simply don’t respond), then each party must either:

  • Appoint a surveyor (or agree to use the same one), who will resolve the dispute by issuing a Party Wall Award

This process ensures that work can still proceed, but under agreed conditions — and with safeguards in place.

At ONFORM, we often act as:

  • Building Owner’s Surveyor (on behalf of the party doing the work), or

  • Agreed Surveyor, if both parties are happy to use the same professional — which can simplify and streamline the process.

  • Adjoining Owner’s Surveyor (on behalf of the adjoining owner who has received a notice)

Why Early Advice Makes a Difference

Getting the party wall process wrong can lead to:

  • Delays to the start of works

  • Legal challenges from neighbours

  • Difficulty getting funding or insurance, particularly for developers

  • Difficulty selling your property if the buyer’s solicitor picks up building work has been undertaken without notifying the adjoining owner

We’re regularly appointed before planning is granted to:

  • Review who notices must be served on

  • Assess whether risks can be mitigated

  • Draft notices and manage the entire process

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How ONFORM Can Help

With extensive experience across both residential and developer-led schemes, we:

  • Advise on party wall obligations during early design stages

  • Prepare and serve notices in compliance with the Act

  • Act as Building Owner’s, Adjoining Owner’s or Agreed Surveyor

  • Coordinate with architects, contractors, and adjoining owners

  • Prepare and issue Party Wall Awards where required

  • Assist with dispute resolution

Planning works in Bournemouth, Poole, Christchurch, Dorset, Hampshire or Wiltshire?

Get in touch with ONFORM for honest advice or a free, no-obligation chat about your project and whether party wall notices are required.

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