Being served with a Party Wall Notice can feel intimidating. Take a breath. In most cases it’s a routine legal step under the Party Wall etc. Act 1996 (“the Act”) to let you know that nearby works might affect a shared wall, boundary, or nearby foundations—and to give you a say in how those works proceed. This guide explains what the notice means, your options, timelines, costs, and the practical next steps to protect your property and keep things amicable.
1) What is a Party Wall Notice—and why did I receive one?
A Party Wall Notice is a formal letter from a neighbour who plans works that are notifiable under the Act. Typical triggers:
- Section 1 – building a new wall on/at the boundary (the “line of junction”).
- Section 2 – works to a party wall/party structure/party fence wall (e.g., cutting in for steels, removing a chimney breast, raising or rebuilding a shared wall).
- Section 6 – excavation within 3m (or within 6m for deeper works) and deeper than your foundations.
The notice is your advance warning so you can review the proposals and respond—not an instruction to accept them.
2) First checks: is the notice valid?
Spend five minutes on these basics:
- Correct parties: Is your name (or “The Owner”) and address right?
- Work description: Does it clearly say what they plan to do (and under which section(s) of the Act)?
- Start date: Is there an intended start date and enough lead time?
- Section 1 & 6 = minimum 1 month
- Section 2 = minimum 2 months
- Drawings: For Section 6 (excavation), plans/sections should be included.
- Service method: Posted/hand-delivered is fine; email only if you agreed to receive notices that way.
If any of the above are missing or clearly wrong, the notice may be invalid. That doesn’t mean the works can’t happen—it means your neighbour should re-serve a valid notice. (We can confirm validity quickly.)
3) Your three formal response options (14-day window)
From the day you receive the notice, you have 14 days to respond in writing:
- Consent
You’re happy in principle for the works to proceed under the Act. (You’re not ‘giving up’ your rights—you’re simply avoiding the dispute route.) - Dissent + Agreed Surveyor
You prefer an independent, single surveyor to act impartially for both properties and make a Party Wall Award that governs how the works proceed. - Dissent + Your Own Surveyor
You appoint your surveyor; your neighbour appoints theirs. The two surveyors agree the Award. (A Third Surveyor is selected in reserve if they can’t agree.)
No response within 14 days? The Act treats that as dissent. Your neighbour can then start the dispute-resolution process and may appoint a surveyor on your behalf if you don’t.
4) What does “dissent” really mean?
“Dissent” often gets mistaken for “I object to the works.” Not quite. Dissent simply means:
“I want the protections of the Act to be formally administered by surveyor(s).”
It’s a neutral, sensible choice—especially for structural works or excavation.
5) Timing: realistic expectations
- The Act sets notice periods (1–2 months) before the works can lawfully start.
- If there’s dissent, allow time for the Award to be agreed and served.
- Either party has 14 days to appeal the Award in County Court (appeals focus on points of law, not personal preferences).
6) Costs: who pays?
Generally, the person carrying out the works pays the reasonable costs of administering the Act—including your party wall surveyor if you dissent.
Exceptions exist (e.g., if you ask for extra works that only benefit you), but as a rule, you shouldn’t be out of pocket for invoking the Act’s protections.
7) Access and working practices
The Act allows reasonable access for notifiable works (with notice), and requires your neighbour to avoid unnecessary inconvenience and make good any damage caused by their works. The Party Wall Award will typically set sensible conditions (hours, methods, protections, access arrangements) to keep disruption down.
8) Common myths—debunked
- “If I consent, I have no rights.”
Not true. You still have legal protections. Consent simply avoids the surveyor route. - “I can block the works.”
The Act is a work-enabling statute. If works are lawful and notifiable, your neighbour generally has the right to do them—safely and with proper safeguards. - “Planning permission covers Party Wall.”
Completely separate regimes. Planning/Building Control approval does not remove the need to comply with the Act. - “I can ignore the notice and it goes away.”
It doesn’t. Non-response triggers the dispute pathway automatically.
9) A sensible 7-step action plan
- Read the notice carefully (check sections, start date, drawings).
- Calendar the 14-day response deadline.
- Ask questions: location of new walls, excavation depths, temporary access, programme.
- Decide your response (Consent / Dissent + Agreed Surveyor / Dissent + Own Surveyor).
- Confirm in writing before the 14-day deadline.
- If dissenting, appoint the surveyor(s) promptly so everything stays on schedule.
- Keep it neighbourly. Clear comms now save time, stress, and money later.
FAQs
Do I have to use my neighbour’s suggested surveyor?
No. You can appoint your own surveyor, or both of you can agree to one impartial surveyor.
If I consent, can I change my mind later?
You can raise concerns if circumstances change or issues arise, but changing from consent to dissent later usually requires a genuine dispute to have emerged.
What if my notice looks wrong?
Ask for it to be re-served correctly. We’ll check validity and advise the quickest corrective path.
Can I be charged for party wall costs?
Typically the person doing the works pays reasonable Act costs. Ask before you agree to any extras.
Can an Award be appealed?
Yes—within 14 days of service, on points of law. Appeals are rare and should be considered carefully.
Prefer expert help that’s quick, fair—and inexpensive?
We specialise in guiding adjoining owners through clear, practical decisions with minimal fuss and zero pressure. If you’ve been served a notice and want calm, impartial advice (and fast), we’re here.
Transparent, fixed pricing
- Party Wall Notice review & response guidance: usually complimentary when we’re later appointed
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee, depending on complexity and number of owners/notices
- Two-surveyor route (we act for one side): fixed-fee proposals from £325 for our side
- Complex schemes (deep excavations, multi-owner blocks): we still offer fixed pricing
- No surprises, no creeping extras—you’ll know the number before we start
Email: team@simplesurvey.co.uk
We’ll help you decide the right response, protect your position, and keep neighbour relations—and your time and costs—under control.