Short version: most headaches around the Party Wall etc. Act 1996 come from the same myths—about when notices are needed, how consent works, who pays, what “agreed surveyor” really means, and whether planning permission covers you. Here’s a clear, no-nonsense explainer to keep your project (and neighbourly relations) on track.
1) “I’ve got planning permission, so I don’t need a Party Wall Notice.”
The misunderstanding: Planning consent = green light for everything.
The reality: Planning and the Party Wall Act are separate. You can hold a planning approval and still be legally required to serve notices under Sections 1, 2 or 6 of the Act (e.g., building at/near a boundary, cutting into a shared wall, or digging new foundations within 3m/6m). If notices aren’t served correctly and on time, you risk injunctions, delays and cost—even with planning signed off.
Tip: Treat party wall compliance as a parallel legal track to planning and building control. Start early so statutory timelines don’t bite.
2) “If my neighbour ignores the notice, that’s consent.”
The misunderstanding: Silence means “OK, crack on.”
The reality: Silence triggers a deemed dispute, not consent. If there’s no written response within 14 days (and no reply to the 10-day reminder), the dispute-resolution process under Section 10 kicks in. That usually means surveyor appointments and a formal award—before work.
Tip: Build non-responses into your programme. Have a clear follow-up plan and keep records of service and timings.
3) “An agreed surveyor is ‘my’ surveyor.”
The misunderstanding: If both neighbours appoint one surveyor, that person acts like a project rep.
The reality: An agreed surveyor must act impartially for both owners. Their job is to resolve the dispute and produce an award that’s fair and enforceable—not to “take sides.” If either party wants advocacy, they should opt for two surveyors (one each), who then select a third surveyor in reserve.
Tip: Choose an agreed surveyor only if everyone is comfortable with a single neutral decision-maker. Otherwise, two surveyors can be the calmer path.
4) “I’m building on my land. The Act can’t apply.”
The misunderstanding: If the shovel’s on my side, notices aren’t needed.
The reality: Many works wholly on your land are still notifiable—especially adjacent excavation (Section 6) if you’re within 3m (and deeper than your neighbour’s foundations) or within 6m for deeper works (e.g., piles). Equally, tying new work into a shared wall or altering a party fence wall often requires notice under Section 2.
Tip: Map your foundations and boundary relationships early. A 45° check and basic depth assumptions (for older properties) help flag Section 6 quickly.
5) “The neighbour can force me to use their surveyor.”
The misunderstanding: If a neighbour insists, you must appoint their pick.
The reality: Each owner is free to appoint their own surveyor. No party can compel the other to use a specific firm or person. If both parties choose to appoint the same professional, that’s the agreed-surveyor route—but it must be a genuine, voluntary agreement.
Tip: If you’re uneasy with a suggested name, politely decline and appoint your own. The Act anticipates this and provides a clear process.
Practical ways to avoid problems
- Start the conversation early. A quick, plain-English overview of the works and timelines reduces knee-jerk dissents and non-responses.
- Serve the right notice, at the right time. Section 2 requires 2 months’ notice; Sections 1 and 6 require 1 month. Get the content and drawings right—especially for excavations.
- Pick the right appointment route. Agreed surveyor for speed and simplicity when trust is high; two-surveyor route when independence matters.
- Keep everything in writing. Clear records of service, responses, and dates protect everyone and keep the process moving.
FAQs
Do I still need to serve notices if works are “minor”?
If the works fall within Sections 1, 2 or 6, yes—regardless of how “light” they seem. Better to check than to face a stop-work scenario later.
What if my neighbour won’t engage at all?
After the initial 14 days plus a 10-day reminder, it’s a deemed dispute. A surveyor can be appointed on their behalf so the process can continue lawfully.
Can we just agree things between us and skip the Act?
You can be friendly and collaborative—but you can’t contract out of the Act. Private side-agreements won’t give you the Act’s protections and can unravel if relationships change.
Who pays the costs?
Typically, the owner doing the works pays the reasonable costs of administering the Act, including the other side’s surveyor if they appoint one.
Transparent, fixed pricing (Simple Survey)
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted).
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee, depending on complexity and number of notices/owners.
- Two-surveyor route (we act for the building owner): fixed-fee proposals from £325 for our side. (The neighbour’s surveyor often bills hourly; we work to keep those costs reasonable and contained.)
- Complex works (deep excavations, multi-owner blocks): we’ll still offer the fixed pricing above.
No surprises, no creeping extras. You’ll know the number before we start.
Need clarity—fast?
Misunderstandings are what stall projects, not the Act. Simple Survey makes the process clear, compliant and cost-controlled from day one. Email team@simplesurvey.co.uk for quick, practical guidance or a fixed-fee quote today.