A mistake spotted before the neighbour replies
Write to the neighbour promptly with a corrected notice. If the mistake is in something the Act requires, such as an owner's name or the start date, treat the corrected version as a new notice and let the notice period run from the day it is served.
A change of design
Ask whether the change alters how the work affects the neighbour. A beam moved along the same wall may be minor. New work, such as digging that was not in the original plans, is not covered and needs its own notice. Where an award has already been made, the surveyors may deal with changes through an addendum.
Deciding not to go ahead
There is no formal withdrawal procedure. Tell your neighbour in writing that the work will not proceed. A party structure or excavation notice lapses in any case if the work does not begin within 12 months. If surveyors were appointed, their fees for work already done are normally still payable.
Wanting to start sooner
You cannot shorten a notice period by changing the notice. Your neighbour can agree in writing to an earlier start.
Common questions
If I cancel the project, is my neighbour's surveyor still paid?
Usually yes, for the work they have reasonably done up to that point.
Can I serve a new notice straight away?
Yes. A fresh notice simply starts its own notice period.
Where this comes from in the Act
- Section 3: Party structure notices
- Section 6: Adjacent excavation and construction
- Section 7: Compensation etc.
Links go to the official text of the Party Wall etc. Act 1996 on legislation.gov.uk.