Breaking into party wall work is exciting—and a little daunting. You’ll juggle law, diplomacy, drafting, and deadlines, often under pressure from owners eager to build. Below are field-tested tips to help you deliver clean, defensible work under the Party Wall etc. Act 1996 (the “Act”) and grow fast from junior to dependable safe pair of hands.
1) Treat the Act like a specification, not a suggestion
Know the structure and the triggers cold:
- Section 1 – new walls at the line of junction (up to or astride the boundary).
- Section 2 – works to party structures (walls, party fence walls, floors/ceilings) and certain works to an adjoining owner’s wall at the boundary.
- Section 6 – adjacent excavation (3m/6m + deeper-than-foundations tests).
Memorise core timings: 1 month (s.1 & s.6), 2 months (s.2), typical 14-day response window, 10-day follow-up (s.10(4)), 12-month validity to start (for notices/awards unless otherwise stated), 14-day appeal period after service of an award (s.10(17)).
If you’re ever unsure whether something is notifiable, assume it might be and check the drawings, depth, and proximity carefully before you advise.
2) Get service right—first time
Most procedural failures trace back to poor service. Your checklist:
- Identify all “owners”. That includes freeholders and leaseholders with >12-month interests. Flats = multiple owners.
- Serve correctly. Post to the “usual or last-known residence or place of business”, hand deliver “in person”, or email only where the recipient has agreed to electronic service. Where the owner is unknown, “The Owner” + fixing to a conspicuous part of the premises is permissible.
- Track dates. The statutory clock starts on service, not drafting. Keep clean evidence (proof of posting, delivery logs, email receipts where applicable).
Small errors at notice stage can void everything that follows—including a consent or award.
3) Write notices the way you wish you’d receive them
Clarity reduces friction and later disputes:
- Cite the relevant sections you’re invoking.
- Describe the notifiable parts of the works in plain English.
- Include drawings/sections where required (excavations) and where helpful for understanding.
- Offer a simple acknowledgment with the response options (consent, dissent + agreed surveyor, dissent + own surveyor).
- Flag any proposed start date correctly in relation to the minimum notice period.
Pro-tip: A short, neighbour-friendly cover letter in human language often halves knee-jerk dissents.
4) Understand appointment mechanics and your duty
Once appointed in writing, you’re in statutory mode: you do not take instructions from the appointing owner; you act impartially under s.10 to settle the dispute.
- s.10(2): appointments “shall not be rescinded by either party.” If a relationship fails, the correct path is usually for you to deem yourself incapable of acting (your discretion), or for matters to proceed under the Act’s replacement provisions—not for an owner to “fire” you mid-stream.
- Agreed Surveyor vs two-surveyor route: the process should be equivalent in outcome; the path differs in logistics and cost. Be comfortable working either way.
5) Select the Third Surveyor forthwith
It should be the first joint act once both surveyors are on board (s.10(1)(b)). Keep the selection professional and pragmatic:
- Exchange shortlists; aim for someone both sides respect.
- If you deadlock, the appointing officer route (s.10(8)) exists—but use sparingly.
- Share the third surveyor’s details with owners early. It builds confidence in the process.
6) Keep your drafting tight and proportionate
Awards should be clear, enforceable, and no larger than necessary. Avoid bloat; focus on:
- What rights are being exercised and by whom.
- The time and manner of executing works (working hours, nuisance controls, sequencing tolerances, access logistics under s.8, temporary measures, making-good pathways, and how to handle changes).
- Any Security for Expenses structure where proportionate (s.12).
- Costs: who pays what and on what basis (s.10(13)).
Tip: Use a stable core template, then tailor to the project. Every extra clause should earn its place.
7) Master non-response pathways
No reply? Don’t stall:
- After 14 days, serve the 10-day request (often called the “s.10(4) notice”).
- If still silent, the building owner may appoint a surveyor on the neighbour’s behalf (not the same person as their own).
- Proceed methodically and document the steps. The Act anticipates this scenario so works aren’t unfairly blocked.
8) Know when (and how) to escalate
Professional disagreements happen. Your steps:
- Engage: address the subject matter substantively and promptly (this often defeats an attempted s.10(7) “neglect to act” claim).
- Narrow the issues: agree what you agree; isolate what you don’t.
- Refer cleanly to the Third Surveyor when truly necessary: concise submissions, relevant docs only, minimal rhetoric.
- Respect the decision: serve it, note the 14-day appeal window, and move on.
Referrals are powerful—but expensive. Your job is to keep them focused and rare.
9) Fees: be reasonable and be ready to justify
Two touchstones:
- Quantum must be reasonable (s.10(13)). If you charge hourly, keep contemporaneous time notes. If you propose a lump sum, anchor it to scope and complexity.
- In disagreements, assess how long a competent surveyor should reasonably take, not simply the rate. This is fairer and more persuasive than arguing “your rate is too high”.
Remember: Although the building owner generally pays, you still owe both owners value and efficiency.
10) Keep owners out of the drafting room—but in the loop
You and your counterpart settle the dispute; owners don’t wordsmith awards. That preserves impartiality. Still, manage expectations:
- Set realistic timelines (statutory notice periods; design clarifications; third-party inputs).
- Explain what the award will and won’t do (it enables and regulates notifiable works; it isn’t planning permission; it doesn’t police unrelated site issues).
- Communicate politely, consistently, and briefly.
Calm, confident comms prevent spirals.
Junior Surveyor FAQs
Q: Can I act as the Agreed Surveyor if I served the notices for the building owner?
A: Yes—if the adjoining owner consciously agrees. Once appointed as Agreed Surveyor, you act impartially for both owners.
Q: The adjoining owner hasn’t replied—what next?
A: After 14 days, issue the 10-day request. If still no reply, the building owner may appoint a surveyor on the neighbour’s behalf and the process continues.
Q: The other surveyor says I’ve “failed to act” within 10 days—am I out?
A: Not if you substantively engage the request. A reasoned reply or alternative proposal usually defeats a s.10(7) claim.
Q: Can owners replace me mid-process?
A: Appointments aren’t rescindable by an owner (s.10(2)). If change is necessary, you may deem yourself incapable of acting or be replaced via the Act’s mechanisms.
Q: Email service—safe or risky?
A: Fine if the recipient has agreed to receive documents electronically. If not, use approved physical methods and keep proof.
Q: When should I consider Security for Expenses?
A: Where there’s credible risk that works could stall in a state needing protection or support, or potential for disproportionate exposure. Keep sums proportionate and structures practical (e.g., staged release).
Q: Who pays the costs?
A: Usually the building owner, as they benefit from the works—but you must still keep sums reasonable and defendable.
Ready to accelerate your Party Wall career?
Simple Survey supports junior surveyors with robust templates, peer review, and pragmatic guidance that keeps matters moving and clients happy. If you want mentorship on notices, drafting, third-surveyor referrals, Security for Expenses structures, or cost control, we’re here to help.
Email team@simplesurvey.co.uk. Simple Survey — quick, correct, low-cost Party Wall compliance, nationwide.