If a Party Wall Notice has landed on your doormat, you’re classed as the Adjoining Owner. The notice means your neighbour (the Building Owner) plans works that may affect a shared structure or nearby ground. This guide explains—in plain English—how to protect your home, what your options are, and how to keep things fair, lawful, and neighbourly under the Party Wall etc. Act 1996.
Quick reassurance: acknowledging or “dissenting” to a notice doesn’t block your neighbour’s project. It simply puts sensible safeguards in place so the works proceed in a controlled, low‑risk way.
1) First things to check (the day the notice arrives)
Before you reply, read the notice carefully. A valid notice should set out who is doing the work, where, what is proposed, and when they intend to start. Look for:
- Correct parties and addresses (your name and property, the Building Owner’s details).
- Which part of the Act applies:
- Section 1 (new wall at/astride the boundary),
- Section 2 (works to a party wall/party structure),
- Section 6 (excavation within 3 or 6 metres and deeper than your foundations, or within a 45° influence line).
- Description of works in sufficient detail to understand the risk (drawings or sections for excavations are best practice).
- Proposed start date and the date of service (you’ll have 14 days to respond).
If something is unclear, you’re entitled to ask for more information before you decide.
2) Your response options—explained properly
You have three practical routes. None of them stops your neighbour building; they simply determine the level of protection and oversight:
A) Consent
You’re content for the works to proceed without a formal Award.
B) Dissent and use an Agreed Surveyor
You request a Party Wall Award and ask one impartial surveyor to act for both owners. The surveyor sets the rules of engagement (access, methods, protection, working hours). This keeps cost and complexity down while providing robust safeguards.
C) Dissent and appoint your own Surveyor
You appoint your own party wall surveyor; your neighbour appoints theirs. The two surveyors agree the Award (with a pre‑selected third surveyor available if they can’t agree on any point). This route offers maximum independence for you.
Costs: In most typical cases, the Building Owner pays the reasonable fees of the surveyor(s) and the cost of the Award, because they’re the party undertaking the works.
If you do nothing
If there’s no response within 14 days, the law treats that as a dissent. Your neighbour can then issue a 10‑day notice and, if there’s still no reply, a surveyor can be appointed on your behalf so the Award can be made and the project can move on with protections in place.
3) What a Party Wall Award actually does for you
An Award is a legally binding document that:
- Defines what can be done and how, with practical method statements where needed.
- Sets working hours, site access, temporary protection, vibration/noise controls, and dust/noise mitigation appropriate to the project.
- Explains the damage resolution process and timescales.
- Can require security for expenses (a sum held to cover potential making‑good) in higher‑risk scenarios.
- Clarifies insurance and responsibility for making good or compensation if damage arises.
The Award keeps everyone honest, minimises surprises, and provides a simple path to remedy if things go wrong.
4) Timelines—so you know where you stand
- Notices must be served 1–2 months before works begin, depending on the section of the Act.
- You have 14 days to reply.
- On dissent (or deemed dissent), surveyor appointments follow; the Award is prepared and then served.
- Your neighbour must start within 12 months of the notice, otherwise they need to re‑serve.
5) Rights you keep throughout
As an Adjoining Owner, you’re entitled to:
- Protection from unnecessary inconvenience and improper methods.
- Access controls that are reasonable and proportionate (with notice).
- Damage remediation or compensation if loss arises from notifiable works.
- Independent oversight by one Agreed Surveyor or two surveyors acting impartially under the Act.
- In higher‑risk cases, to request security for expenses before disruptive works start.
6) Special scenarios to be aware of
- Flats and leasehold: Notices may need to be served on freeholders and long‑leaseholders. It’s normal for multiple parties to be involved.
- Multiple adjoining owners: Semi‑detached and terraces can require notices in both directions; corner plots too.
- Electronic service is valid where agreed; otherwise post or personal service applies.
9) Practical way to respond (example wording)
“Dear [Neighbour],
Thank you for your Party Wall Notice dated [date] regarding [address]. I would like to [consent / dissent and propose an Agreed Surveyor / dissent and appoint my own surveyor]. Please provide any structural drawings/sections for the [beam insertions/excavation] so I can review the proposals fully.
Kind regards,
[Your name & address]”
10) Common pitfalls to avoid
- Replying late and losing choice over the process.
- Assuming consent means you have no protection (you can still request a condition record and clear site protocols).
- Confusing party wall rights with boundary disputes or rights of light—those are separate issues with separate remedies.
11) How we help Adjoining Owners
We review your notice, explain the risk profile of the proposed works, and guide you through the best response for your situation:
- Check validity of the notice and proposed timing.
- Explain your options and recommend the proportionate route.
- Act as Agreed Surveyor or your appointed surveyor where needed.
- Manage post‑works checks and any making‑good swiftly and fairly.
This guide is general information, not legal advice. If time is short or the works are complex, get professional support immediately.
Email team@simplesurvey.co.uk to protect your property and keep things neighbourly. England & Wales’ most cost‑effective Party Wall Surveying team: Party Wall Notice fees from £25.00 and Party Wall Award fees capped at £325.00. We will not be beaten on price!