If your neighbour is planning building work, you may receive a Party Wall Notice under the Party Wall etc. Act 1996. This is a legal requirement where the proposed works involve:
- Building a new wall on the boundary line
- Alterations to a wall you share with your neighbour
- Excavations (commonly for foundations or drainage) within 3 metres of your property
Receiving a notice isn’t something to worry about—in fact, it’s a positive step. It means the works will be carried out under the protection of the Act, giving you rights to compensation, safeguards, and a clear dispute resolution process. Importantly, most of this process is covered by your neighbour, at no cost to you.
Make Sure Notices Reach You
To ensure you receive any notice, keep your correspondence address up to date with the Land Registry. A neighbour’s surveyor is only required to serve notice to the address recorded there—they’re not responsible for making sure it actually reaches you.
How to Respond to a Party Wall Notice
Once you receive a notice, you have 14 days to reply. You have three main options:
- Consent – If you’re happy with the works, you can sign your consent. Your neighbour can then proceed with their project.
- Dissent and Agree to One Surveyor – You can dissent and appoint your neighbour’s surveyor to act as an Agreed Surveyor, representing both parties.
- Dissent and Appoint Your Own Surveyor – You may choose your own surveyor, who will work alongside your neighbour’s surveyor to prepare a Party Wall Award.
👉 Either way, your rights under the Act are protected. However, if you consent, an Award will not be produced—meaning you won’t have the additional safeguards that surveyors would normally include.
What If You Don’t Respond?
If you don’t reply within 14 days, your neighbour must serve a 10-day reminder notice. If you still don’t respond, they can appoint a surveyor on your behalf so the process can continue without your input.
By not engaging, you may also lose certain rights—such as the ability to serve a counter notice requiring additional works that benefit you, or the chance to use your neighbour’s new wall in the future if it’s built astride the boundary.
When No Notice Is Served
If your neighbour’s works are notifiable but they fail to serve a notice, you won’t have the protections of the Party Wall Act. Any damage to your property would then have to be pursued under common law—often a slower and more expensive process. In such cases, seeking legal advice and possibly applying for an injunction may be necessary.
Final Word
Engaging early with the Party Wall process is always in your best interests. Whether you consent, dissent, or simply want advice, speaking to a qualified surveyor will help you protect your property and maintain good neighbourly relations.
📩 Not sure what to do if you’ve received a Party Wall Notice? Get in touch with our team today at team@simplesurvey.co.uk for no-obligation advice.