Section 3: party structure notices explained

What section 3 requires

Section 3(1) says that before exercising any right under section 2, a building owner shall serve on any adjoining owner a party structure notice stating:

1. the name and address of the building owner;
2. the nature and particulars of the proposed work, including, where special foundations are proposed, plans, sections and details of construction of those foundations with reasonable particulars of the loads they will carry; and
3. the date on which the proposed work will begin.

Under s.3(2) the notice must be served at least two months before that date, and it ceases to have effect if the work has not begun within twelve months of service and is not prosecuted with due diligence.

What “nature and particulars” means in practice

The Act does not prescribe a form, but courts and surveyors expect the neighbour to be able to understand what is proposed. A good notice lists each element of work against the right relied on, for example:

• “Cut into the party wall to insert padstones and bear two steel beams at first floor and loft level (s.2(2)(f)).”
• “Raise the party wall by approximately 900 mm in the roof space (s.2(2)(a)).”
• “Cut away the chimney breast on the party wall in the rear bedroom (s.2(2)(g)).”
• “Cut in a lead flashing to the raised wall (s.2(2)(j)).”

We attach the architect’s and engineer’s drawings wherever they exist. A vague notice (“building works to the party wall”) is an easy target if the validity of the notice is challenged later.

Who must be served

Every adjoining owner: each person or company with an ownership interest in the adjoining property, which under s.20 includes the freeholder, a leaseholder with a lease of more than a year, and a purchaser under contract. Joint owners should each be named. For flats, that often means the freeholder and the leaseholder(s) of the flats affected. Occupiers who are not owners do not receive the party structure notice itself, but have rights elsewhere, for example to notice of entry under s.8. Check the Land Registry title before serving.

How to serve it

Under section 15, notices can be served by delivering them in person, by post to the person’s usual or last-known residence or place of business, or to a company’s secretary at its registered office. Email is allowed only if the recipient has stated a willingness to receive notices that way and given an address (s.15(1A)). Where the owner is unknown, the notice can be addressed to “the owner” of the premises and delivered there or fixed to a conspicuous part (s.15(2)). Keep proof of service, because the two months and the 14 days both run from it.

Responses and what happens next

Combining with other notices

Many projects need a section 3 notice alongside a section 6 excavation notice or a section 1 line of junction notice. They can be served together, or as one combined document, provided each section’s content requirements are met: for a section 6 notice that means plans and sections showing the excavation (s.6(6)). Use the longest period, two months, as your planning baseline.

Common mistakes we see

• Serving only the person who lives next door when the property is let or leasehold.
• Missing joint owners, or using the wrong names.
• Giving less than two months between service and the stated start date.
• No description of the actual works, or no drawings.
• Letting the notice lapse by not starting within 12 months, then starting anyway.
• Adding work later, such as a second beam, without a further notice or agreement.

Worked example

Illustrative only. Chloe plans a loft conversion and a chimney breast removal in her end-terrace house. The adjoining house is owned jointly by a couple and let to tenants. She serves one party structure notice addressed to both joint owners at their home address (not the rented house), listing the beam bearings, the raising of the wall and the chimney breast removal, with drawings attached and a start date ten weeks away. She sends a courtesy letter to the tenants explaining the work. The owners consent subject to a Schedule of Condition, which is arranged with the tenants’ cooperation.

Costs

Our fixed fees for domestic work (all + VAT): party wall notices £150 (all your neighbours); notices plus a Schedule of Condition £499 (each extra Schedule £399); Party Wall Award £400; full package of notices, Schedule and Award £899 (£999 in London). Acting as Agreed Surveyor normally carries a £50 supplement, currently waived. If your neighbour appoints their own surveyor, you will normally also pay that surveyor’s reasonable fees (s.10(13)); those are set by them, not us. See our prices.

If you prefer to serve the notices yourself, see serving notice yourself and our notice template guide.

Special foundations and the extra content they require

If your design uses “special foundations”, meaning foundations with an assemblage of beams or rods to distribute load (in practice, reinforced concrete) (s.20), the notice must include plans, sections and details of construction of those foundations with reasonable particulars of the loads they will carry (s.3(1)(b)). Special foundations cannot be placed on the neighbour’s land without their written consent (s.7(4)). If they do consent, they can serve a counter notice asking for the foundations to be placed deeper or made strong enough to carry columns of a building they intend to put up later (s.4(1)(b)), and if the special foundations later increase the cost of their own building, the building owner must repay the extra cost (s.11(10)).

Counter notices in more detail

An adjoining owner who receives a party structure notice may, within one month, serve a counter notice asking you to build in chimney copings, breasts, jambs or flues, piers, recesses or similar works reasonably required for their convenience (s.4(1)(a)). The counter notice must specify the works and be accompanied by plans, sections and particulars (s.4(2)). You must comply unless the works would be injurious to you, cause you unnecessary inconvenience or cause unnecessary delay (s.4(3)). If you do not consent to a counter notice within 14 days, a dispute is deemed to arise (s.5). The neighbour pays for works carried out at their request (s.11(9)). Counter notices are rare on domestic work, but they do happen, for example where a neighbour wants a flue retained while a party wall is rebuilt.

What a well-prepared notice pack contains

• The notice itself, dated, signed and addressed to each owner by name.
• A covering letter in plain English explaining the project and the neighbour’s options.
• The relevant drawings: plans, sections and the engineer’s details for work affecting the party wall.
• A response form offering consent, consent with a Schedule of Condition, or dissent with a choice of surveyor.
• Contact details for questions.

Sources and further reading

• Party Wall etc. Act 1996, section 2: Repair etc. of party wall: rights of owner (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 15: Service of notices etc. (legislation.gov.uk)
• Party Wall etc. Act 1996, section 20: Interpretation (legislation.gov.uk)
• GOV.UK: The Party Wall etc. Act 1996 explanatory booklet
• GOV.UK: Party walls and building work

Section references are to the Party Wall etc. Act 1996 as it applies in England and Wales, checked against legislation.gov.uk. This guide is general professional guidance, not legal advice; every project should be assessed on its own drawings.

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.