Serving Party Wall Notices can feel like stepping into a maze of rules, acronyms, and deadlines—right when you’re trying to keep a build on programme and on budget. The good news: most worries are predictable, solvable, and often avoidable with the right approach. Below are the concerns we hear most from Building Owners, plus practical ways to keep momentum.
1) “Will this delay my start date?”
Possibly—but only if you cut it fine.
Minimum statutory notice periods are 1 month for Section 1 (new walls at/astride the boundary) and Section 6 (adjacent excavation), and 2 months for Section 2 (works to party structures). If your neighbour dissents, you’ll need time for the surveyor(s) to complete the dispute-resolution process and issue the award. Build this into your programme early; late notices are the number one reason projects slip.
Tip: Serve notices as soon as the design and construction method are stable enough to describe the works clearly. Early, accurate notices = fewer queries, faster agreements.
2) “What if my neighbour ignores me?”
Silence after 14 days is treated as a deemed dispute. You must then serve a further 10-day request. If there’s still no reply, you can appoint a surveyor on their behalf under section 10(4) so the process can continue. Non-response is frustrating, but the Act deliberately prevents a project being held hostage.
Tip: Before you serve, speak to your neighbour in person, explain what’s coming, and confirm their best postal/email address. A friendly heads-up dramatically reduces ghosting.
3) “What if they dissent and appoint their own surveyor?”
That’s their right—and it isn’t the end of the world. Two surveyors will still work to the same Act, and they must select a Third Surveyor at the outset as a tie-breaker. Yes, two surveyors usually means higher fees and more communication, but a clear scope, responsive team, and professional tone keep things efficient.
Tip: Offer the Agreed Surveyor route (one impartial surveyor for both owners) where appropriate. If your neighbour prefers separate representation, stay collaborative; it’s often quicker than you think.
4) “How much will this cost me?”
Typically, the Building Owner pays the reasonable costs of administering the Act—your surveyor’s fee and, if appointed, the Adjoining Owner’s surveyor’s fee, plus any agreed third-party advice (e.g., structural input) where proportionate. Fees vary with project complexity, clarity of information, and how readily questions are answered. Reasonableness is the test; excessive charges can be challenged via the Third Surveyor.
Tip: Control what you can: provide complete drawings, clear sequencing/method summaries, and respond quickly. Less back-and-forth = lower time cost.
5) “We’ve got planning—doesn’t that cover us?”
No. Planning and the Party Wall Act are entirely separate. Planning gives permission to develop; the Act governs how notifiable works interact with shared structures and neighbouring land. You need both tracks aligned before you break ground.
Tip: Don’t assume planners, architects, or builders will trigger the Party Wall process for you. Assign responsibility explicitly and track it like any other critical path item.
6) “What if the surveyors disagree and I get stuck?”
If two appointed surveyors can’t agree, either can refer the issue to the Third Surveyor, who determines the matter by award. It’s a built-in safety valve to keep projects moving. Referrals add time and cost, so they’re best reserved for genuine points of principle.
Tip: Anticipate flashpoints (access arrangements, noisy works windows, protection measures, security for expenses) and propose fair, evidence-based terms up front.
7) “Do I really need to serve notices for this?”
If your works fall under Section 1, 2, or 6, yes. Typical triggers include: building a new wall at or astride the boundary; cutting into or altering a party wall; removing projections like chimney breasts from a party wall; and excavating within 3m (or 6m for deeper works) to a depth lower than your neighbour’s foundations. For excavation notices, you must include plans and sections of the proposed foundations.
Tip: Not sure? Ask. Serving correctly is cheaper than firefighting an injunction.
8) “Can we start if the award is served but the neighbour isn’t happy?”
Once the award is served and any statutory notice period has run (or is waived), you may proceed in accordance with the award. The neighbour has 14 days to appeal on points of law, but an appeal doesn’t automatically pause the works unless a court orders it. Always follow the award strictly; straying gives ammunition to objectors.
Tip: Keep a tidy paper trail of service dates and confirmations—especially where email is used.
9) “What about access—can we go onto next door’s land?”
The Act provides rights of access where reasonably necessary for notifiable works, subject to prior notice and sensible safeguards. Access must be purpose-limited, time-bound, and leave no unnecessary inconvenience. Good neighbour relations are still invaluable—agree the practicalities early (timings, temporary protection, reinstatement standards).
Tip: Put a named contact on your side for access coordination. Nothing calms nerves like knowing who to call.
10) “The neighbour is asking for Security for Expenses—what now?”
Under Section 12, an Adjoining Owner can require Security for Expenses (a sum held to underwrite potential costs if works are started and not properly completed, or if protection/support is urgently required). The amount and how it’s held can be agreed between owners or determined by the surveyor(s). Expect this on higher-risk or structurally complex schemes; it’s less common on light-touch projects.
Tip: Budget for this possibility early. If cashflow is tight, discuss phased release linked to milestones.
11) “We need to tweak the design—do we have to start again?”
Material changes to notifiable elements can require fresh notices or an addendum award. Minor clarifications often slot into the existing agreement; significant alterations (different foundation type/depth, new intrusions into a party wall, revised alignment at the boundary) usually need new paperwork.
Tip: Freeze design before service wherever you can. Where change is unavoidable, flag it immediately and agree the cleanest procedural route with the surveyor(s).
12) “What happens if we just crack on without notices?”
Don’t. Starting notifiable works without serving notice risks injunction (a court order to stop work), cost exposure, and strained neighbour relations. You also lose the Act’s practical benefits (like defined rights of access). If you’ve already started, pause, get professional advice, and bring the job back under the Act quickly.
Tip: A candid apology and a swift plan to regularise things often diffuses tension.
13) “How long is the award ‘valid’ for?”
Awards typically state a time window to commence the authorised works (commonly 12 months from service unless otherwise specified). If you don’t start within that period, expect to refresh the process.
Tip: Align award validity with your procurement and lead times so you’re not racing the clock.
14) “Can we serve by email?”
Yes—electronic service is permitted where the receiving party has indicated willingness to accept documents electronically. If in doubt, serve by a method with clear proof of service (and remember first-class post has deemed service provisions).
Tip: Ask your neighbour (or their surveyor) to confirm preferred service method in writing at the outset.
15) “How do we keep costs and friction down?”
- Talk early, plainly, and politely with neighbours.
- Serve accurate notices with the right annexes (especially excavation plans/sections).
- Respond fast to surveyor queries; don’t let threads go stale.
- Propose fair working hours and sensible protections before you’re asked.
- Use experienced professionals who understand the Act and keep things proportionate.
Need this handled properly—without drama?
Simple Survey streamlines the entire Party Wall process for Building Owners across England & Wales. We’ll:
- Confirm exactly which notices you need and serve them correctly;
- Manage responses (including non-reply and 10(4) scenarios);
- Negotiate pragmatic terms and access that keep your build moving;
- Deliver a clear, compliant award fast—no fuss, no flannel.
Start right. Build smoothly.
Email team@simplesurvey.co.uk with your address and drawings, or call us to sanity-check your timeline today. We’ll give you a fixed, fair fee and get your notices out—so your project stays on course.