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Example: Unsigned Composite Party Wall Notice Preparation Draft

An unsigned Composite Party Wall Notice Preparation Draft and non-statutory specimen for preparing separate England and Wales section 1, section 2 and section 6 service documents concerning a rear extension and excavation, with works, plans, dates, consent choices and surveyor procedure.

Jurisdiction: Illustrative England and Wales Party Wall etc. Act 1996 notice — statutory notices, plans, timing and surveyor appointments must be checked against the actual works

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Important: This sample provides general legal information only and is not legal advice. Check the law, prescribed forms and signing requirements that apply to your exact jurisdiction and circumstances before use.

# COMPOSITE NON-STATUTORY DRAFT: PROPOSED PARTY WALL ETC. ACT 1996 NOTICES

## Important statutory warning

This is a fictional, unsigned illustrative specimen and is not a statutory notice, planning permission, building-regulations approval, party wall award or surveyor's report. It is a composite non-statutory draft for preparing separate service documents. The blank signatures and sample service record below are not evidence that a notice was signed or served, and this composite draft does not take effect under the Party Wall etc. Act 1996. The Party Wall etc. Act 1996 applies to particular works, not every building project. The building owner must identify the correct adjoining owners and serve the clear notice required for each work, allowing the statutory notice period that applies to that notice. In this example, the excavation information is intended to be put into a separate section 6 notice and any party-structure information into a separate section 2 notice; a section 1 notice is needed only if the actual proposal is to build on the line of junction. The adjoining owner may consent or dissent. If a dispute arises, the statutory surveyor procedure and any award must be followed. Planning permission, building regulations, drainage consent, rights of light, boundary ownership and access are separate matters. In this specimen, a working day means Monday to Friday excluding a bank holiday in England and Wales, and each stated time is UK local time.

Draft date: 5 March 2027 (not a statutory service date)

Notice reference: RW-14-2027-PW

Intended statutory service route: personal delivery or post in accordance with the Act, after the composite draft has been separated and signed as the applicable notice. Email alone is not relied upon for statutory service. It may be used only if a legally valid electronic service route is available and the recipient has agreed to that route where agreement is required.

## 1. Building owner and adjoining owner

The building owners are Sarah Louise Mercer and Daniel Robert Mercer, both of 14 Rowan Walk, Chipping Norton, Oxfordshire OX7 5QH. Sarah's email is sarah.mercer@example.test and Daniel's email is daniel.mercer@example.test. They jointly own and occupy the house known as 14 Rowan Walk, title number ON348211, and are called the Building Owner.

The adjoining owner is Priya Anika Shah of 16 Rowan Walk, Chipping Norton, Oxfordshire OX7 5QH, email priya.shah@example.test. Priya owns and occupies 16 Rowan Walk, title number ON348212. This notice is addressed to Priya as the owner of the property adjoining the western boundary of 14 Rowan Walk. If another person is an owner, occupier or person with an interest that must receive notice, the Building Owner will make a separate factual check and serve any further notice required by the Act.

The Building Owner gives this notice because the proposed rear works include excavation within the statutory distance of the adjoining owner's building and construction at the boundary that may engage the Act. The Building Owner is not asserting that this notice itself proves the Act applies to every item described below.

## 2. Description of proposed works

The Building Owner intends to construct a single-storey rear extension at 14 Rowan Walk. The extension will project 4.2 metres from the existing rear wall, be 5.8 metres wide, have external brickwork matching the existing house, a flat warm roof 2.95 metres above the proposed finished floor, rooflights and a rear glazed door. The western flank will be constructed on the Building Owner's land, with a 100 millimetre gap from the legal boundary unless an agreed award or consent records a different arrangement. No wall will be placed on the adjoining owner's land without a separate lawful agreement.

The foundations shown on drawing RW-14-01 Rev C are trench-fill concrete foundations 600 millimetres wide. They will be excavated to an anticipated depth of 1.7 metres below the existing ground level for the western 3 metres of the extension and approximately 1.2 metres elsewhere, subject to the structural engineer's final inspection. The excavation will be within 3 metres of the nearest part of 16 Rowan Walk and deeper than the bottom of that building's foundations as presently understood. The contractor will use temporary support and shoring designed by a competent engineer, keep excavated material on 14 Rowan Walk, protect drainage and stop work if an unrecorded service or structure is found.

The proposed extension may also involve cutting into or attaching to the existing rear wall of 14 Rowan Walk, which is a party structure only if that is established by title, construction and the Act. The Building Owner seeks the adjoining owner's response to the relevant party-structure aspect separately and does not treat a simple consent to excavation as consent to build on or alter a party wall.

## 3. Drawings, method and dates

The intended enclosures are exactly two drawings, namely drawing RW-14-01 Rev C and site plan RW-14-02 Rev B, together with structural note SN-14-03 dated 25 February 2027 by Hazel Reed CEng and the contractor's preliminary method statement MS-14-04 dated 1 March 2027. The two drawings, structural note and method statement show the extension footprint, boundary, trial-pit information, proposed foundation depth, temporary works sequence, dust control, working hours and protection of the adjoining property. The Building Owner will provide a reasonably updated drawing if the structural design materially changes.

The anticipated date for starting the excavation work is 10 April 2027. This gives more than one month after the date of this notice. The anticipated date for starting any work requiring a party-structure notice, including cutting into or building on a party wall if confirmed, is 10 May 2027, giving more than two months after this notice. The Building Owner will not start the relevant notified work before the statutory period has expired or the adjoining owner has consented or an award authorises the work. A contractor's mobilisation, survey, delivery of materials or work wholly outside the Act does not by itself amount to commencement of the notified excavation or party-structure work.

The working hours proposed are 8.00 am to 5.30 pm Monday to Friday and 8.00 am to 1.00 pm on Saturday, with no planned Sunday or bank-holiday work. The expected excavation period is 10 April to 24 April 2027, and the expected structural works period is 10 May to 18 June 2027. Weather, safety and inspections may alter these estimates. The Building Owner will give reasonable advance notice of a material change that affects access, protection or the adjoining owner's property.

## 4. Choice requested from adjoining owner

Please mark one choice for each relevant work after obtaining advice if desired:

For the excavation described in section 2, Priya may consent in writing to the described works proceeding without a party wall award, or may dissent in writing. For any party-structure work later confirmed and separately identified, Priya may consent in writing or dissent in writing. Consent means agreement to the notified work for the purposes of the Act; it does not approve the structural design, waive a claim for damage caused by negligence or breach, grant access, transfer land, authorise planning or building-regulations work, or consent to a different project.

The requested response date is 19 March 2027. That date is an administrative request and does not shorten or replace a statutory period. If the adjoining owner does not respond to a notice within 14 days after service, or expressly dissents, the Act may treat a dispute as having arisen. The Building Owner will not assume that silence is consent. The parties may agree the appointment of an agreed surveyor, or each may appoint a surveyor, in accordance with the Act. A surveyor's fee and the cost of an award will be dealt with under the Act and the award, not by an unrecorded assumption in this notice.

Please complete and return the following written response to 14 Rowan Walk, Chipping Norton, Oxfordshire OX7 5QH. An email copy may be sent to sarah.mercer@example.test and daniel.mercer@example.test only if the recipient has agreed that electronic communication may be used for that response; otherwise post or personal delivery is required. This composite draft does not create an email deemed-receipt rule. Statutory service and receipt are governed by the Act and the method lawfully used, not by the contractual deemed rules in another document.

I, Priya Anika Shah, as adjoining owner of 16 Rowan Walk, select:

Excavation notice: consent / dissent

Party-structure aspect if separately confirmed: consent / dissent

Name of surveyor, if I dissent and appoint one: Priya will notify the Building Owner in a separate signed response

Signature: __________________________

Date: __________________________

## 5. Surveyor and access proposals

If a dispute arises, the Building Owner proposes Martin Edward Cole FRICS of Cole Boundary Surveying, 7 Market Square, Chipping Norton, Oxfordshire OX7 5NJ, telephone 01608 555 472, email martin.cole@example.test, as a possible agreed surveyor. Priya is not required to accept him and may appoint her own surveyor. No surveyor is appointed by this notice alone. A surveyor must be impartial in the statutory role and must act under the Act and any agreed appointment, not as an advocate for one party.

The Building Owner requests access to 16 Rowan Walk only if separately agreed or lawfully authorised for a survey, inspection, protection or construction task. The Building Owner does not claim that this notice grants access. The parties propose a pre-work photographic schedule of the rear elevation, side passage, patio, kitchen wall and drainage covers, with both parties receiving dated copies. Each party may identify relevant existing cracks or defects. A schedule is evidence of condition, not an admission that a defect was caused by either owner.

The Building Owner will use reasonable measures to prevent dust, water, vibration and debris crossing the boundary, will keep the side passage clear except for agreed temporary protection, and will make good physical damage properly attributable to the works. This undertaking does not limit any statutory right, liability for negligence, nuisance or breach, or the surveyor's power to make an award.

## 6. Separate approvals and contact arrangements

The Building Owner has submitted a householder planning application to Cotswold District Council, reference 27/00641/HFUL, on 2 March 2027, but planning permission has not been granted by this notice. Building-regulations approval, drainage approval, a lawful development assessment, contractor insurance, asbestos precautions and a construction risk assessment remain separate requirements. The Building Owner will not ask Priya to sign a planning or building-control approval disguised as a party wall response.

Questions about this notice should be sent to Sarah or Daniel at the address or emails stated above. A notice or response should identify reference RW-14-2027-PW and the date. The Building Owner will keep the served notice, proof of delivery, drawings, responses, surveyor appointments, award, photographs and completion record. A failure to answer an informal question is not treated as consent or dissent.

## 7. Statement of statutory intention

This composite document is not itself a notice under the Party Wall etc. Act 1996. Before work starts, the Building Owner must prepare and sign a separate section 6 notice for the excavation described here and, if the facts establish a party-structure work under section 2, a separate section 2 notice. A section 1 notice must be separately prepared and served if the Building Owner changes the proposal to build on the line of junction. Each statutory notice must identify its own work, recipient, service date, relevant commencement date and enclosure set. It is not described as a prescribed statutory form because the Act does not make this composite document a substitute for checking the work, ownership, service and statutory period.

The parties should not start the notified work merely because plans have been exchanged. If a dispute arises, the work must proceed only consistently with the Act, an agreed surveyor's award, a third-surveyor determination where applicable, and any other required consent. Nothing in the notice determines the boundary or ownership of a wall, gives either owner a right to trespass, or prevents either owner obtaining urgent legal or safety advice.

Signature specimen for the separate statutory notice, not signed service

Sarah Louise Mercer: __________________________ Date: 5 March 2027

Daniel Robert Mercer: _________________________ Date: 5 March 2027

Illustrative proposed service record — no service is claimed

This unsigned composite draft, the two drawings, structural note and method statement have been assembled for review. No statutory notice is claimed to have been signed or served on 5 March 2027. When the separate section 6 notice and any separate section 2 or section 1 notice are ready, the Building Owner must record the actual date, lawful method and recipient for each service, retain the delivery evidence, and calculate the statutory start date from that lawful service. A later response or email does not retrospectively make this composite draft a statutory notice.

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