The checklist
| Check | What to look for |
|---|---|
| Your name | Every owner of your property, including joint owners |
| Their name and address | Everyone who owns the property where the work will happen |
| The section of the Act | Section 1, 3 or 6, matching the work described |
| The work | A description clear enough to understand what will happen to the wall or near your foundations |
| The start date | At least one month away for sections 1 and 6, two months for section 3, unless you agree otherwise |
| Drawings | Plans and sections showing the position and depth of any excavation, for a section 6 notice |
| Special foundations | Plans, sections and loads, if reinforced foundations are proposed |
If something is missing or wrong
Do not simply ignore it. Write back explaining the problem, or ask a surveyor to do so. A notice with a serious defect may need serving again, which restarts the notice period. Minor slips, such as a misspelt name, rarely matter.
Checking and replying
If you are unsure, you can still reply within 14 days and say you are appointing a surveyor. Checking the paperwork will be one of your surveyor's first jobs.
Why it matters to you
The surveyors' authority comes from valid notices. An award made on a defective notice may itself be open to challenge, which helps nobody.
Common questions
The notice came from the builder, not my neighbour. Is it valid?
It can be, if it is given on behalf of the building owners and names them. A notice in the builder's own name is a problem.
The start date is too soon. What should I do?
Point it out in writing. Work cannot lawfully begin under the notice before the minimum period has run, unless you agree.
Where this comes from in the Act
- Section 1: New building on line of junction
- Section 3: Party structure notices
- Section 6: Adjacent excavation and construction
- Section 15: Service of notices etc.
Links go to the official text of the Party Wall etc. Act 1996 on legislation.gov.uk.