Can I serve a party wall notice before planning permission?

Yes. The Party Wall Act and planning are separate systems, and nothing in the Act requires planning permission before you serve notice. Serving early can take weeks off your timetable.

Why serve early

The minimum notice periods, one month or two, run from the day of service. Wait for planning permission before serving and they start late, and the surveyors may then need time to prepare an award on top. Serving while the planning application is being decided lets the two run side by side.

When early is too early

A notice describes the work. If the design is likely to change, for example because the planners may ask you to move the extension or alter the roof, the notice may no longer match what you build. Then you might need a fresh notice, or an addendum to the award.

Serve when:

  • the positions of new walls, beams and foundations are settled
  • you are confident of starting within 12 months, before an unused notice lapses

Permitted development

Plenty of extensions and loft conversions need no planning application at all. That makes no difference to the Party Wall Act, which applies whether or not planning permission is needed. Our sister site compares the three systems.

Building regulations

The same goes for building regulations approval. Structural details such as beam sizes may not be final until building control has looked at them. If the engineer's design for work on the party wall is still changing, it can be worth waiting for it to settle.

Common questions

Will my neighbour's surveyor want final structural drawings?

Usually, before the award is finalised, especially for beams in a party wall or deep foundations. The notice itself can go out before they are ready.

What if planning is refused?

You simply do not carry out the work. If you redesign, check whether the original notice still describes what you now plan.

Where this comes from in the Act

Links go to the official text of the Party Wall etc. Act 1996 on legislation.gov.uk.

Planning work next to a neighbour?

Ivan Larkin can confirm which notices your project needs, prepare and serve them, and deal with your neighbour's surveyor. Fixed fees, agreed in writing first.

Call 07477 207993Send an enquiry