The Party Wall etc. Act 1996 sets out the rights and responsibilities of property owners when works affect shared walls, boundaries, or neighbouring structures. One key but often overlooked feature of the Act is the counter notice – covered under Section 4.
In this article, we’ll explain what a counter notice is, when it can be served, and the implications for both building owners and adjoining owners.
What Is a Counter Notice?
A counter notice is a legal response that an adjoining owner can serve on a building owner after receiving a Party Structure Notice.
👉 Importantly: counter notices can only be served in response to a Section 3 Party Structure Notice. They do not apply to Section 1 (line of junction) notices or Section 6 (excavation) notices.
The Act makes this clear in Section 4(1):
“An Adjoining Owner may, having been served with a party structure notice, serve on the Building Owner a notice (in this Act referred to as a ‘counter notice’).”
What Can a Counter Notice Require?
Under Section 4(1)(a), an adjoining owner can request that the building owner include additional works for their benefit. For example:
- Chimney copings, breasts, jambs, or flues.
- Piers or recesses.
- Special foundations (deeper or stronger than initially proposed).
These requests are usually at the adjoining owner’s cost (covered under Section 11 of the Act).
Why Counter Notices Exist
You may have noticed that a Party Structure Notice requires two months’ notice, whereas Section 1 and Section 6 notices only require one month. That extra month exists specifically to give adjoining owners time to consider whether they wish to serve a counter notice.
Who Can Serve a Counter Notice?
A counter notice must be served by the adjoining owner themselves – not their surveyor.
Surveyors may advise, draft, or guide, but the legal service must come from the adjoining owner. If a surveyor is asked to serve one directly, it’s important to check the appointment letter carefully before acting.
What Makes a Valid Counter Notice?
For a counter notice to be effective, it must:
- Be served within one month of receiving the Party Structure Notice.
- Be reasonably detailed, ideally with plans, sections, and particulars of the works requested.
A vague or poorly drafted counter notice could be disregarded if it causes unreasonable delay or lacks clarity.
When Can a Building Owner Refuse a Counter Notice?
The building owner must usually comply, unless they can prove that:
- The requested works would be injurious to them.
- The requested works would cause unnecessary inconvenience.
- The requested works would cause unnecessary delay to their project.
If the building owner does not consent within 14 days, a dispute is deemed to have arisen under Section 5. This then falls to the appointed surveyors to resolve under Section 10.
Are Counter Notices Common?
In practice, counter notices are relatively rare. Most adjoining owners rely on surveyors and the Award process rather than exercising this right. However, they remain a powerful tool in the right circumstances – especially where additional works could save time and cost in the future.
Key Takeaways
- Counter notices only apply to Section 3 Party Structure Notices.
- They allow adjoining owners to request additional works, usually at their own expense.
- They must be detailed, valid, and served within one month.
- If disputed, surveyors resolve the matter under Section 10.
Handled correctly, counter notices can be mutually beneficial – ensuring both neighbours’ needs are considered before works begin.
Need Help With Party Wall Notices?
At Simple Survey, we specialise in advising on all aspects of the Party Wall etc. Act 1996. Whether you’re serving notices, responding with a counter notice, or navigating a dispute, our qualified surveyors can help.
📩 Or email us at team@simplesurvey.co.uk