Property owners in England and Wales will likely be familiar with the Party Wall etc. Act 1996. This legislation is designed to prevent and resolve disputes between neighbours when building work is planned near a shared boundary or structure.
If your neighbour intends to carry out work covered by the Act, they must serve you with a formal Party Wall Notice before construction begins. This process helps ensure works are carried out safely, fairly, and without avoidable damage to adjoining properties.
It’s important to note that the Act does not give you the power to stop your neighbour’s project entirely — but it does ensure they must follow a legal process that protects your interests.
So, what are your options if you (the adjoining owner) receive a Party Wall Notice from the building owner next door?
Your Options When Served a Party Wall Notice
When you receive a Notice, you have 14 days to reply. Your response can take one of three routes:
1. Consent to the Works
You can agree in writing to the proposed works, allowing your neighbour to proceed without further procedure. However, by doing this you take on the risk of any damage to your property. To safeguard yourself, it’s advisable to have a surveyor prepare a condition report of your home before work begins.
2. Dissent, But Agree to Use the Same Surveyor
You may dissent but agree to appoint the same surveyor as your neighbour. In this case, the surveyor acts impartially for both parties, producing a Party Wall Award.
3. Dissent and Appoint Your Own Surveyor
You can also dissent and appoint your own surveyor. Your neighbour will appoint theirs, and the two surveyors will work together to protect both parties’ interests. Again, the building owner pays the costs of both surveyors.
What If You Don’t Reply?
If you fail to respond within 14 days, you are treated as having dissented. Your neighbour will then issue a 10-day reminder Notice, requiring you to either:
- Appoint your own surveyor, or
- Agree to use their surveyor.
If you still don’t reply, your neighbour’s surveyor can legally appoint a third-party surveyor on your behalf under section 10(4) of the Act. Once surveyors are appointed, they will issue a Party Wall Award, after which the works can proceed.
Why Professional Advice Matters
Party Wall issues can be complex, and your decision at the Notice stage can affect your legal rights, your property, and your relationship with your neighbour. Having an experienced surveyor on your side ensures you’re protected and that any damage or disputes are handled fairly.
📩 Need affordable and professional advice on responding to a Party Wall Notice? Contact the UK’s cheapest Party Wall Surveyors today at team@simplesurvey.co.uk