Two clocks, not one
A party wall notice has a notice period, which is the minimum time between serving it and starting work, and a validity period, which is how long it remains usable.
| Section 1 and Section 6 | Section 3 | |
|---|---|---|
| Work | New boundary wall, or excavation near a neighbour | Work to an existing shared wall or structure |
| Minimum notice before work starts | 1 month | 2 months |
| Neighbour’s time to respond | 14 days | 14 days |
| Validity | 12 months from service | 12 months from service |
The one-month and two-month periods are calendar months. Served on 2 March, a two-month notice allows work to begin no earlier than 2 May. Leave a day or two to spare so that there is no argument about the count.
An example timeline
A Section 3 notice for a loft conversion, served by hand on 2 March:
| Date | What happens |
|---|---|
| 2 March | Notice served. The 14-day response period begins. |
| 15 March | Last day for the neighbour to respond. If they have said nothing, the Act treats it as dissent. |
| March to April | If there is a dispute, surveyors are appointed, the neighbouring property is recorded and the award is agreed. |
| 2 May | The two-month notice period has run. If the neighbour consented, work can start. If there is a dispute, work waits until the award is served. |
| Within 12 months of 2 March | Work must begin, or the notice stops having effect. |
What the 12 months mean
If work has not begun within 12 months of the notice being served, the notice ceases to have effect, and the Act also expects the work to be carried on with due diligence. A building owner who is delayed beyond that serves a fresh notice.
That is why you should not serve too far ahead. Serve once your drawings are settled and the start date is realistic.
What if the neighbour consents and the project is then delayed?
The consent relates to the notice, so it is subject to the same 12 months. If the work does not begin in time, serve a new notice. It is usually quick to do when the neighbour was happy the first time.
What if there is an award?
An award is made after a dispute and often has its own time limit for starting the work. Read the award. If your project slips, speak to the surveyor who made it before you assume it still applies.
What if the property changes hands?
If either property is sold during the process, tell your surveyor straight away, so that the new owner is brought into it correctly.
Planning your timeline
- Settle your drawings.
- Serve the notices, allowing at least the minimum period plus a margin.
- Agree the award during the notice period if your neighbour dissents.
- Book your builder for after the notice period has run and the award is served or consent given.
In our experience, an award for straightforward work takes four to six weeks, which usually fits inside a two-month notice period if the neighbour responds promptly. It can run longer where they are slow to engage.
Get the dates right
We prepare and serve notices for a fixed £70, and we count the days for you. See party wall notices or call 0800 999 1947.
Questions about notice periods
Can I start work as soon as the notice period ends?
Only if your neighbour has consented in writing, or the award has been served. Silence from a neighbour for 14 days counts as dissent for Section 3 and Section 6 notices, so an award is then needed. A valid notice is not permission to start by itself.
Do the 14 days include weekends?
Yes. They are 14 calendar days, counted from the day the notice is served.
Does an award have a time limit too?
Awards often state a period within which the work must start, commonly 12 months. Read yours. If the project is delayed, ask your surveyor whether the award still fits the work.
Do I need a new notice if my plans change?
If the work changes in a way the notice did not describe, for example deeper excavation or a different structure, tell your surveyor. A new or amended notice may be needed. Starting different work from the work in the notice risks the protection the notice gives.