If you’ve just received a Party Wall Notice and your neighbour hasn’t yet secured planning permission, it’s natural to wonder whether you can (or should) ignore it. The short answer: you shouldn’t ignore it. Under the Party Wall etc. Act 1996, the party wall process runs on a separate legal track from planning and building control. That means a Building Owner does not need planning permission in hand to validly serve a Party Wall Notice—and an Adjoining Owner is still expected to respond.
Party Wall vs Planning Permission: Two Different Laws
Planning permission deals with land use, design, appearance and local policy. The Party Wall Act deals with how certain construction operations that affect a shared or neighbouring structure are carried out, and how risks to the Adjoining Owner’s property are managed. One can be required without the other, and they often run in parallel.
Because they’re distinct regimes:
A Party Wall Notice is not invalid simply because a planning decision is outstanding.
As an Adjoining Owner, you still have statutory rights—and deadlines—under the Act.
Why Notices Can Be Served Before Planning
The Act is intended to facilitate development while protecting neighbours. It requires early notification and a framework for agreeing the time and manner of the works. Serving notice before planning is common for three practical reasons:
Lead times: Party wall procedures, coordination, and Award drafting can take weeks. Starting early keeps a project on programme if planning is granted.
Design influence: Surveyor input can highlight construction risks or methods that are better addressed before contractors are engaged.
Risk management: Early engagement builds trust and reduces surprise—often preventing disputes later.
Continue Reading: No Planning in Place, But a Party Wall Notice Has Arrived
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