Party wall delays are almost always caused by starting the process too late. This guide sets out each stage, the statutory time limits that apply, and what typically happens in between.
Stage-by-stage timeline
| Stage | Statutory time limit | Section |
|---|---|---|
| 1. Serve notice(s) | At least 2 months (s.3) or 1 month (s.1, s.6) before work starts | s.3(2)(a), s.1(2), (5), s.6(5) |
| 2. Neighbour responds | 14 days from service, or deemed dispute | s.5, s.6(7), s.1(4) |
| 3. Counter notice (s.3 only) | Within 1 month of the party structure notice | s.4(2)(b) |
| 4. Appointment of surveyor(s) | If a party fails to appoint, 10 days after written request, then the other may appoint for them | s.10(4) |
| 5. Selection of third surveyor | Forthwith by the two surveyors; 10-day default procedures | s.10(1)(b), (8) |
| 6. Schedule of Condition and Award | No fixed period; served forthwith once made | s.10(10), (14) |
| 7. Appeal window | 14 days from service of the Award | s.10(17) |
| 8. Works | Any period in the Award runs only after notice period expires unless agreed | s.10(12) |
| 9. Notice lapses if not started | 12 months and not prosecuted with due diligence | s.3(2)(b), s.6(8) |
1. Before notice: preparation
Fix the design and get the structural engineer’s details for anything affecting the party wall or foundations near the neighbour. Identify every adjoining owner from title registers. Decide which sections apply. A day or two’s preparation here avoids re-serving later. See notice periods.
2. Serving notice and the 14 days
The periods run from the day of service, so allow for postal delivery if posting. The neighbour then has 14 days to consent in writing. Silence is a deemed dispute: section 5 for section 3 notices, section 6(7) for excavation. For a section 1(2) wall astride the boundary, lack of consent within 14 days means you can only build wholly on your own land (s.1(4)). See the 14-day rule.
3. If the neighbour consents
Consent, especially with a Schedule of Condition, is the quickest route. Work can begin once the notice period has expired, or earlier if the neighbour agrees in writing. A Schedule of Condition is typically taken shortly before work starts.
4. If there is a dispute: appointing surveyors
Each owner either concurs in one Agreed Surveyor or appoints their own (s.10(1)). Appointments must be in writing and cannot be rescinded (s.10(2)). If the neighbour does nothing, the building owner can serve a ten-day request and then appoint a surveyor on their behalf (s.10(4)). See the ten-day notice. Where two surveyors are appointed, they select a third surveyor straight away, who only becomes involved if they cannot agree or a party refers a matter.
5. Schedule of Condition and Award
The surveyor(s) inspect the adjoining property, review the drawings and agree the Award. With an Agreed Surveyor on straightforward work, this can be quick. With two surveyors, time depends on how promptly information is exchanged and whether there are technical issues to resolve. Basements and complex structural works can take considerably longer because of engineering review. See the Party Wall Award.
6. Appeal period
Either owner may appeal the Award to the county court within 14 days of service (s.10(17)). Appeals are uncommon. Many building owners wait until the 14 days have passed before starting the works the Award covers, to avoid any risk.
7. During the works
The Award may require inspections at key stages, for example when beam pockets are cut or foundations excavated. Any changes to the design must be agreed (s.7(5)).
8. Completion
A final inspection compares the neighbour’s property with the Schedule of Condition. Any damage is made good or paid for (s.11(8)). For section 6 works, the neighbour may request as-built plans and sections (s.6(9)).
Typical timeline scenarios
These are general illustrations, not promises; actual timescales depend on the work and the people involved.
| Scenario | Likely path |
|---|---|
| Single-storey extension, s.6 only, neighbour consents | Notice; consent within 14 days; work after one month |
| Loft conversion, s.3, neighbour consents with Schedule | Notice; consent; Schedule taken; work after two months (or earlier by agreement) |
| Loft conversion, s.3, Agreed Surveyor | Notice; dissent; Agreed Surveyor makes Award, often within the two-month period |
| Extension, two surveyors | Notice; dissent; two surveyors agree Award; may run past the notice period depending on responsiveness |
| Basement, two surveyors and engineer | Notices; dissent; engineering review; security; Award; plan for several months |
What slows things down
- Late or invalid notices that need re-serving.
- Missing engineer’s details.
- Neighbours who do not respond, requiring the section 10(4) process.
- Design changes after notices or Award.
- Slow exchange of information between surveyors.
Worked example (illustrative)
Illustrative only. Not a real case.
Owners want their builder to start a rear extension and loft conversion in early June. In late February they serve section 3 and section 6 notices on both neighbours. One consents with a Schedule of Condition in the first week. The other does not reply; after 14 days a dispute is deemed. A ten-day request is served, and when it expires the building owners’ surveyor appoints a surveyor for the neighbour under section 10(4). The two surveyors agree the Award in April, the neighbour does not appeal, and the work starts on schedule.
Building the party wall process into your programme
Work backwards from the date your builder wants to start notifiable work:
- Start date minus two months (plus margin): latest date to serve section 3 notices. Allow a week’s margin for delivery and errors.
- Start date minus one month (plus margin): latest date to serve section 1 and section 6 notices.
- Two weeks after service: response deadline; chase politely if nothing has arrived.
- As soon as a dispute arises: appoint surveyors and supply drawings straight away.
- Before start: Schedule of Condition taken; Award served; appeal window considered.
Not all your works need to wait. Non-notifiable work, such as internal stripping away from the party wall or work at the far end of the site, can usually proceed while the notice period runs. Your surveyor can help you split the programme.
Common timing mistakes
- Serving notice the same week the builder starts.
- Counting the period from the date on the letter rather than the day of service.
- Letting notices lapse by delaying the project for more than twelve months.
- Forgetting that a counter notice can be served up to one month after a section 3 notice.
What happens if the timetable slips
Projects often move. Three rules are worth remembering:
- The twelve-month limit. A section 3 or section 6 notice lapses if the work has not begun within twelve months of service and is not prosecuted with due diligence (s.3(2)(b), s.6(8)). If your start moves past that, serve fresh notices.
- A long pause mid-project. If work stops for an extended period, keep the neighbour and surveyors informed. Leaving a party wall exposed or unsupported is not acceptable; the Award’s protection requirements continue to apply (s.7(3)).
- Design changes. Any change to agreed plans must be agreed or determined before it is built (s.7(5)), usually by a short addendum Award.
Sources and further reading
- Party Wall etc. Act 1996, section 1: New building on line of junction (legislation.gov.uk)
- Party Wall etc. Act 1996, section 3: Party structure notices (legislation.gov.uk)
- Party Wall etc. Act 1996, section 4: Counter notices (legislation.gov.uk)
- Party Wall etc. Act 1996, section 5: Disputes arising under sections 3 and 4 (legislation.gov.uk)
- Party Wall etc. Act 1996, section 6: Adjacent excavation and construction (legislation.gov.uk)
- Party Wall etc. Act 1996, section 7: Compensation etc. (legislation.gov.uk)
- Party Wall etc. Act 1996, section 10: Resolution of disputes (legislation.gov.uk)
- Party Wall etc. Act 1996, section 11: Expenses (legislation.gov.uk)
- The Party Wall etc. Act 1996: explanatory booklet (GOV.UK)
This guide is general information on the law in England and Wales, written from our surveyors’ practical experience. It is not legal advice; for a specific dispute, take advice on your own facts.
For the notice periods in summary, see how long a party wall agreement takes; for the steps, see how to get a party wall agreement.
- Party wall notices for building owners
- Fixed fees: party wall agreement cost
- Do I need a party wall agreement? (1-minute check)
Areas we cover include Party Wall Agreement Essex · Party Wall Agreement Kent · Party Wall Agreement Hertfordshire and more.
Sources: Party Wall etc. Act 1996 (legislation.gov.uk) · The Party Wall etc. Act 1996: explanatory booklet (GOV.UK). Last reviewed 27 October 2026. General guidance on the law in England and Wales, not legal advice.