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When to serve notice: timing against planning, building control and the start on site

Serve party wall notices early enough to allow the statutory notice period and any necessary dispute resolution before the affected work starts. Planning permission does not have to be granted before notice is served, but the proposed work must be sufficiently defined for the notice to describe it properly. [1][2][3]

Work backwards from the affected operation

The normal minimum periods are:

  • Two months: a party structure notice under section 3.
  • One month: a new-boundary-wall notice under section 1.
  • One month: an adjacent-excavation notice under section 6. [2][4][3]

These periods relate to the work covered by the relevant notice. Do not assume the first day of a wider refurbishment programme is necessarily the correct reference point, or that all preliminary work is safely outside the Act. Identify the actual operations before setting the programme. [5][3]

The 14-day response period for party structure and excavation notices does not mean the work may automatically begin on day 15. Where there is no written consent, the deemed dispute must be addressed through the statutory procedure. [6][3]

Coordinate planning and technical design

Because planning and party wall procedures are separate, they can overlap. Nevertheless, serving notice against a design likely to change can create further work: the notice and accompanying documents must describe what will actually be undertaken. [1][2]

An excavation notice needs plans and sections identifying the site and depth of the excavation and any proposed building or structure. That may require more technical information than the drawings prepared solely to establish an extension's external appearance. [3]

A practical sequence is to identify potential party wall issues during design, establish the relevant structural and foundation information, then programme formal notices alongside the remaining approvals. This is a coordination approach, not a statutory requirement to finish every approval in a fixed order. [1]

Consent and an earlier start are different

An owner can agree to the proposed work without agreeing to shorten the notice period. Record any agreement to an earlier start expressly and check who must consent under the applicable provision. [2][1]

Where surveyors make an award, section 10 states that the period for executing the work does not begin before the statutory notice period expires unless the owners agree otherwise. An award signed quickly is therefore not, by itself, permission to ignore the notice period. [7]

Avoid notices becoming stale

The Act contains time limits concerning commencement, and party structure and excavation notices also require the work to be pursued with due diligence. Government guidance summarises notices as valid for one year. Recheck the position if the start is postponed, the scope changes or an earlier notice is being reused. [2][3][1]

Keep a live schedule showing service dates, replies, unresolved matters, the award where required and the proposed start of each notified operation. Do not promise a construction start solely because a planning decision has arrived: the party wall position and other required consents must also be ready. [1]

Sources 7 references
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