If your neighbour is planning works that affect a party wall, a new wall on or up to the boundary, or excavation within 3 metres of your property, they are legally required to serve you with a Party Wall Notice before works begin.
As the Adjoining Owner, you must respond to this Notice in writing within 14 days. Your response will determine how the party wall process proceeds.
If you’re unsure how to respond, our expert surveyors at Simple Survey can guide you through the process and ensure your property interests are fully protected.
Two Ways to Respond
1. Consent to the Notice
By consenting, you are allowing the works to go ahead without appointing a surveyor. This means you are placing trust in your neighbour’s contractor to carry out the works safely and with minimal risk to your property.
2. Dissent to the Notice
If you dissent, you are choosing to have surveyor(s) involved in the process. The surveyor’s role is impartial — they do not act for either party, but instead ensure the works proceed lawfully and with protections in place for both owners.
Once appointed, a surveyor cannot be dismissed. They will:
- Inspect both properties and record their condition.
- Assess the proposed works, including construction methods and potential risks.
- Prepare a Party Wall Award (a legally binding document) which sets out how and when works can be carried out, including working hours, protective measures, and compensation arrangements if damage occurs.
Options When Dissenting:
- Agreed Surveyor: Both owners appoint the same surveyor to act impartially. This is often faster and more cost-effective.
- Separate Surveyors: Each owner appoints their own surveyor. In most cases, the Building Owner pays both sets of reasonable fees.
If You Don’t Respond
If no reply is received within 14 days, the law treats this as dissent. Your neighbour will then serve a 10-day follow-up Notice, requiring you to appoint a surveyor.
If you still do not respond, your neighbour has the right under Section 10(4) of the Act to appoint a surveyor on your behalf, ensuring the process can move forward.
📩 Received a Party Wall Notice and unsure how to respond? Protect your property with expert, low-cost advice. Contact the UK’s most affordable Party Wall Surveyors today at team@simplesurvey.co.uk.