Yes, you can
The Party Wall etc. Act 1996 puts the duty to serve the notice on the building owner, meaning you. It does not say that a surveyor must do it. Many owners serve their own notices for straightforward work, and many get them right. What matters is that the notice is valid, reaches the right people and is served in time.
What a valid notice contains
Whatever the type, a notice should:
- be in writing and give your name and address
- give the address of the building where the work will happen
- say that it is a notice under the Party Wall etc. Act 1996
- describe the work clearly, with plans and sections where there is excavation or special foundations
- give the date the work is due to start
Section 3 notices need at least two months, and Section 1 and Section 6 notices at least one month. Read more in party wall notices, and see our party wall notice template for example wording.
Working out which notices you need
One project can need more than one notice. A rear extension on a semi might need all three:
- a Section 1 notice for a new wall on the boundary
- a Section 3 notice for cutting into the existing party wall
- a Section 6 notice for foundations deeper than the neighbour’s within 3 or 6 metres
Who to serve
Every adjoining owner affected. That is not always the household next door. It includes the freeholder and any leaseholder with more than a year left on their lease. A Land Registry search shows who owns the property, and it is worth doing before you write anything. Where the neighbouring property belongs to a company, the notice goes to the company’s registered office. If you cannot trace an owner, the Act has a fall-back for serving on “the owner” at the premises, but take advice first, because a mistake can invalidate the notice.
How to serve it
Deliver it by hand, or send it by post to the owner’s usual or last known address. Keep:
- a dated copy of exactly what you served
- proof of delivery or posting
- a note of who you served and where
Email is not a safe method unless the owner has agreed in writing to receive notices that way. If you post a notice, allow for the time it takes to arrive when you count the notice period.
When to serve it
- Serve it when your drawings are settled, and before you fix a start date with your builder.
- Remember the 12-month limit: a notice stops having effect if work has not begun within 12 months of service. See how long a party wall notice lasts.
- Leave extra time after the minimum, because if your neighbour dissents, the award needs to be made before the work starts.
Where owners go wrong
- Too little notice. One month served for a two-month job.
- A vague description, such as “building work”, instead of what will be done to which wall.
- No plans for excavation or special foundations.
- The wrong person. A tenant instead of the owner, or no notice to the freeholder.
- Forgetting a second notice. A Section 3 notice served, but the deeper foundations need a Section 6 notice too.
- Mixing it up with planning. A planning notice to neighbours is not a party wall notice.
- Serving by email to someone who has not agreed to it.
- Starting early. The notice period is a minimum, and silence from a neighbour is dissent, not consent.
What happens if your notice is invalid
It has no legal effect. Your neighbour does not have to respond to it, and any dissent, consent or award that follows is open to challenge. You would have to serve again and start the clock afresh, which can push back your builder by weeks.
When it makes sense to do it yourself
It can work well for simple, low-risk work when your neighbour is on good terms with you and you are confident about the section and the notice period. It is risky when the work is large or deep, there are several neighbours, the owner is hard to trace, or the neighbour is likely to be difficult.
Or we can do it for £70
Our notice service is a fixed £70, with no VAT. It includes the Land Registry search, a notice drafted for your work, a covering letter, a form of consent and follow-up notices if your neighbour does not reply. See party wall notices or call 0800 999 1947.
Questions about serving your own notice
Is there an official form?
The Act does not prescribe a form. A notice has to contain certain information, and the government’s guidance on the Act includes example letters you can adapt. The risk is not the layout but missing information, the wrong notice period or the wrong person. See our party wall notice template for example wording.
Can my builder or architect serve the notice for me?
Someone can serve it on your behalf, but the duty is yours as the building owner. If the notice is invalid or late, the delay and the legal risk are yours. Check what they will actually do and who checks it.
My neighbour already knows and is happy. Do I still need a notice?
Yes. A friendly conversation is not a notice and gives you no protection. The quickest route is to serve a valid notice with a form of consent, so that your neighbour can sign and return it.
How much notice should I give if I am unsure which section applies?
Treat it as two months, and serve all the notices that may apply. It is easier to withdraw an unnecessary notice than to restart a late one. We can tell you which apply from your drawings.