What Section 3 covers
Section 2 of the Party Wall etc. Act 1996 gives a building owner a list of rights over a shared wall or other party structure. Section 3 says that, before using any of them, you must serve a party structure notice on the adjoining owner.
Work that needs a Section 3 notice
In plain words, the rights include:
- Cutting into the wall to insert steel beams, padstones or purlins, as in most loft conversions
- Cutting away projections, such as a chimney breast or footings that stick out from the wall
- Raising, thickening or underpinning a party wall, or demolishing and rebuilding it
- Repairing or rebuilding a party wall that is defective
- Cutting in a damp-proof course or flashings
- Exposing a party wall that was hidden, for example after demolishing a lean-to
- Raising or rebuilding a party fence wall
How much notice
At least two months before the work starts. The notice stops having effect if work has not begun within 12 months of service, or is not then carried on with due diligence.
What the notice must say
- Your name and address, and the address of the building
- The nature and details of the work, with plans and sections where special foundations are involved
- The date the work will begin
Example wording is in our party wall notice template.
How your neighbour can respond
- Consent in writing within 14 days, and the work can go ahead as described once the notice period has passed.
- Dissent, which starts a dispute and means surveyors are appointed to make an award.
- Say nothing. After 14 days the Act treats this as dissent.
- Serve a counter notice within one month, asking for particular provisions.
Common examples
- Loft conversions in semi-detached and terraced houses
- Chimney breast removal
- Roof work that raises a party wall or cuts in flashings
- Rear extensions that tie into an existing shared wall
The Act’s own wording
Sections 2 and 3 are set out in full on legislation.gov.uk: Section 2, rights of a building owner and Section 3, party structure notices.
Fixed fee
We prepare and serve party wall notices for £70, with no VAT. See party wall notices. To serve your own, start from our party wall notice template.
Section 3 questions
What is a party structure notice?
It is the notice the building owner serves on each adjoining owner before using the rights the Act gives over a shared wall, floor or other party structure. Section 3 is the section that creates the notice, and Section 2 lists the work.
Do I need one for a loft conversion in a detached house?
Generally not, because there is no shared wall. A loft conversion in a semi-detached or terraced house usually needs one when steel beams or purlins bear on the shared wall. If it is not obvious, call us.
What is a counter notice?
Within one month of receiving your notice, the neighbour can serve a counter notice asking you to include certain extra work, such as special foundations, at their expense in some cases. You must comply unless it is impracticable or would cause unnecessary inconvenience or expense.