Blog
Who Needs a Party Wall Notice? Understanding Your Obligations Under the Party Wall etc. Act 1996
Wednesday 21st May 2025
Introduction
If you're planning to carry out building works that fall under the Party Wall etc. Act 1996—such as excavating near a neighbour’s property or building on or near a shared boundary—it’s vital to understand your legal responsibilities. One of the most common areas of confusion is who exactly needs to receive a party wall notice. This is especially important when dealing with properties that have multiple owners, such as a block of leasehold flats with a separate freeholder.
In this blog, we’ll break down the requirements for serving notice under the Act, with a particular focus on Section 6(1) excavation works, and clarify who legally qualifies as an "adjoining owner."
What Does the Party Wall Act Require?
The Party Wall etc. Act 1996 sets out the legal framework for preventing and resolving disputes in relation to party walls, boundary walls, and excavations near neighbouring buildings. When you’re planning works that fall under the Act, you must serve formal notice to the "adjoining owner(s)" before you begin.
Under Section 6(1), this includes any excavation within 3 metres of an adjoining structure, where the excavation will go deeper than the foundations of the neighbour’s building.
Who Counts as an Adjoining Owner?
The term "adjoining owner" is clearly defined in the Act. It includes:
The freeholder of the neighbouring property, and
Any leaseholders with a lease term longer than 12 months.
This means that if the adjoining building is a block of flats, the obligation to serve notice doesn’t stop with the freeholder. Each leaseholder with a lease longer than one year must also receive an individual notice.
