The Party Wall Act operates separately from planning and building regulations. [1]
The three common triggers
Work to an existing party structure: examples include cutting into a party wall for a beam bearing, raising the wall or underpinning it. These works normally require a party structure notice at least two months before the relevant work. [1]
A new wall at the boundary: building up to or astride the line of junction normally requires at least one month's notice. A new wall astride the boundary needs the neighbour's written consent; a wall wholly on your land has a different procedure. [1]
Nearby excavation: notice is required where the statutory distance and depth tests are met. Within 3m, the relevant test includes digging below the bottom of the adjoining structure's foundations. Within 6m, the separate test concerns a line drawn downwards at 45 degrees from the bottom of those foundations towards the excavation. The normal notice period is one month. [1]
The 3m and 6m tests concern neighbouring structures and levels. They are not automatic no-build zones and are not measured simply from a garden fence.
Prepare notices from a sufficiently developed design
Identify the adjoining owners who must receive notice and include the information required for the particular work. Excavation notices need relevant plans and sections. Coordinate the notice drawings with the structural design rather than serving a generic sketch that does not establish the excavation or proposed support. [1]
Allow time for this process before fixing a start date. The adjoining owner can agree in writing to an earlier start than the normal notice period, but that should not be assumed when preparing the programme. [1]
Consent, silence and dissent
For notices concerning existing party structures or qualifying excavation, a lack of written response within 14 days leads to a deemed dispute. The Act provides a surveyor procedure to resolve it; this is not permission to ignore the neighbour and proceed. [1]
Do not apply that explanation indiscriminately to every boundary-wall notice. For a proposed new wall astride the boundary, absence of the necessary consent means the wall must be wholly on your land. Silence following a notice for a wall wholly on your land at the boundary does not automatically create the same deemed-dispute procedure. [1]
What should be resolved before construction?
Keep the valid notices, responses and any award with the final drawings. Agree how the adjoining property will be protected and how access, where lawfully available, will be arranged. Consent does not remove the building owner's obligations under the Act or responsibility for relevant damage. [1]
The contractor also needs a competent method for structural alterations and temporary support. A party wall award is not a substitute for the construction safety plan or the engineer's design. [2] [3]
For disputed ownership, disputed boundaries or proposed legal action, obtain specific professional advice rather than treating this overview as a notice template.