How long does a Party Wall Notice last?                  
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The Party Wall etc. Act 1996 (the Act) requires that notices be served at least one month prior to the planned start date for Line of Junction and Excavation Notices, and at least two months for Party Structure Notices. The one- and two-month periods specified in Sections 1(5)(a), 1(6)(a), 3(2)(a), and 6(5) of the Act are defined as calendar months.

According to Section 3(2) of the Act, a Party Structure Notice must: (a) be served at least two months before the proposed commencement date of the work; (b) remain effective for the work to which it pertains if: (i) it has not commenced within 12 months from the date the notice is served; and (ii) work is not pursued with due diligence.

Breaking down Section 3(2)(b)(i), once a notice is served, it is valid for a 12-month period. This 'validity' is more nuanced than it may initially appear, necessitating further clarification. If the Adjoining Owner consents to the Party Wall Notice served on them, the Building Owner has 12 months from the date of the notice to initiate their work. The key term here is "start." The work can be intermittent and does not need to be completed within these 12 months. Section 3(2)(b)(ii) applies if the works commence within the 12-month timeframe.

Consider a scenario in which the Building Owner serves a Party Wall Notice to the Adjoining Owner but later decides against proceeding with the work due to financial constraints. If the Adjoining Owner does not respond to the notice at this time, they may choose to hold onto the notice should their circumstances change. Six months later, if the Building Owner's financial situation improves, they may decide to resume the project and request a response to the Party Wall Notice from the Adjoining Owner. Assuming the proposed work remains unchanged, the original Party Wall Notice is still valid, allowing the Adjoining Owner to respond.

It's important to distinguish between the 'validity' of a notice and the 'agreement' it secures; serving a Party Wall Notice does not automatically grant permission for the Building Owner to commence work. Written consent from the Adjoining Owner is still required.

If the Adjoining Owner disagrees with the proposed works and a dispute arises, the 12-month validity period from the date of the notice becomes void. In such cases, a Party Wall Award must be issued to address the issue, and typically, work must begin within 12 months from the date the award is served to both parties. Once an Award is served, the situation resembles that of work consented to under a Notice, with the significant difference being that previously contested matters are now resolved. In essence, a Party Wall Award remains valid for 12 months unless stated otherwise in the Award.

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