Section 3 Party Wall Notice – Works to a Party Structure | Divaar
What is a Section 3 Notice?
A Section 3 Notice is required where a Building Owner proposes to carry out works to an existing party structure, as defined under the Party Wall etc. Act 1996.
The notice relates to works permitted under Section 2 of the Act, which sets out the rights to carry out works to party walls and party structures. Section 3 is the formal notice required to exercise those rights.
When is a Section 3 Notice required?
A Section 3 Notice is required where works affect:
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A party wall separating buildings
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A party floor or ceiling between flats
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A party fence wall (a masonry wall astride the boundary)
Typical examples of Section 3 works
Common works requiring a Section 3 Notice include:
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Loft conversions involving steel beams cut into a party wall
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Removal of chimney breasts from a party wall
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Cutting into a party wall for flashings or structural supports
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Raising, thickening, or underpinning a party wall
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Exposing a party wall for repairs or weatherproofing
Notice period
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The minimum notice period for a Section 3 Notice is 2 months before the proposed works commence.
What happens after the Notice is served?
Once a Section 3 Notice is served, the Adjoining Owner may:
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Consent to the works, or
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Dissent, in which case a dispute is deemed to have arisen under the Act
Where a dispute arises, surveyor(s) must be appointed to prepare a Party Wall Award, which sets out:
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The permitted works
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How and when the works are to be carried out
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Protective measures
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Rights of access
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Procedures in the event of damage
A Schedule of Condition of the Adjoining Owner’s property is usually prepared before works commence.
Important clarification
Section 3 Notices are sometimes incorrectly referred to as “Section 2 Notices”.
In legal terms:
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Section 2 sets out the rights to carry out works
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Section 3 is the notice required to exercise those rights
How we can help
We will:
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Assess whether a Section 3 Notice is required
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Prepare and serve the Notice correctly
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Advise on consents, dissents, and surveyor appointments
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Prepare Schedules of Condition and Party Wall Awards where required
Our approach is to ensure works proceed lawfully, fairly, and with minimal risk of dispute.
Related Notices
Depending on the nature of the works, a Section 3 Notice may also be required alongside:
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Section 1 Notices (line of junction works)
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Section 6 Notices (adjacent excavation)
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Section 8 Notices (Access to adjoining land)