Here at Simple Survey, we fully understand that Party Wall matters can be confusing – and nothing creates more confusion than the Party Wall Notice itself.
This is the document that:
- Starts the statutory clock under the Party Wall etc. Act 1996
- Gives the adjoining owner their legal right to respond (and, if they wish, to appoint a surveyor at the building owner’s cost)
- Must be valid in order for any later Party Wall Award to stand up legally
If the Notice is wrong or incomplete, the statutory notice period hasn’t really started at all – no matter how confident the sender might be.
This article breaks down what a Party Wall Notice actually is, who can serve it, and why having it served by a surveyor is often the safest and simplest route.
1. What Is a Party Wall Notice – Really?
A Party Wall Notice is not just a courtesy letter or neighbourly heads‑up. It is a legal document required by the Party Wall etc. Act 1996 whenever “notifiable” works are proposed.
A valid Notice will:
- Cite the correct section(s) of the Act (e.g. Section 1, 2 or 6)
- Be served on all relevant “owners” (freeholders and certain leaseholders)
- Include the required minimum lead‑in period (1 or 2 months depending on the work type)
- Give the adjoining owner the three response options (consent, agreed surveyor, two surveyors)
- Start the 14‑day initial response window, followed by the potential 10‑day Section 10(4) period if there is no reply
If the Notice is invalid, none of those timings have legally begun, and anything built off the back of it may be vulnerable to challenge.
2. Who Can Serve a Party Wall Notice?
The Act is surprisingly flexible about who can serve a Notice.
In theory, a Notice can be served by:
- The building owner (DIY Notice)
- A party wall surveyor
- An architect or designer
- A contractor
- A project manager or other appointed agent
From the Act’s point of view, what matters is validity, not job title.
However, irrespective of who serves the Notice, the same rules apply:
- It must contain all legally required information
- It must be served on the correct legal owners
- It must be served in a way that complies with Section 15 (methods of service)
- For excavations, it must include the required drawings/cross‑sections
If any of these are missing or wrong, the Notice is invalid and will need to be re‑served, resetting the statutory clock and potentially delaying the project.
3. Why Notice Validity Matters So Much
An invalid Notice can cause a long list of problems, including:
- Delays to your planned start date – the statutory notice period has to restart from zero
- Risk to the Party Wall Award – a neighbour or their adviser could later challenge the validity of the process
- Injunction risk – in serious cases, adjoining owners may seek to stop the works until the Act is properly followed
- Extra cost – repeated Notices; surveyors needing to untangle flawed paperwork; or even legal costs if things escalate
Because the Notice is the “opening bell” of the Party Wall procedure, if you get that wrong, everything that follows becomes shaky.
4. DIY vs Surveyor‑Served Notices
The Act recognises that owners can serve their own Notices. On paper, it looks like an easy saving.
In practice, though, there are some important trade‑offs.
DIY Notices – When They Might Be OK
A DIY Notice might be suitable where:
- You are on very good terms with your neighbour
- The works are straightforward and clearly covered by the Act
- You have already discussed the works and your neighbour has indicated they will consent
- You are using a robust template and are confident about ownership details and service methods
Even then, you are taking on all the responsibility for getting the legal detail right.
Surveyor‑Served Notices – Why They’re Often Safer
Given that Notice fees are low (our fee is £25 per adjoining owner), there is usually more downside than upside in doing it yourself.
A surveyor‑served Notice has major advantages:
- Validity – a specialist checks the works, selects the correct sections of the Act and ensures the Notice meets statutory requirements
- Correct recipients – land registry checks and due diligence help avoid serving the wrong person or missing a qualifying owner
- Neutral point of contact – the adjoining owner has someone independent they can email or call with questions about:
- The Act
- Their response options
- The likely process and protections
Without that, adjoining owners often seek their own independent surveyor straightaway – which can quickly turn a simple situation into a two‑surveyor route and higher overall cost.
5. What a Good Surveyor‑Served Notice Looks Like
A well‑prepared surveyor‑served Notice should be more than a form with boxes ticked. It should:
- Be accompanied by a clear, neutral covering letter, in plain English, explaining:
- What the Notice is
- Why the neighbour is receiving it
- Their three response options and what each means
- Provide key project information, such as:
- The broad scope of works
- The intended start date and approximate duration
- Whether access to their land is likely to be needed
- Include appropriate drawings, especially for:
- Excavations (Section 6) where cross‑sections are required
- New walls at or astride the boundary (Section 1)
- Structural alterations to party walls or party structures (Section 2)
In short, it should tick every legal box while also being helpful and reassuring to the adjoining owner.
6. Why We Think Surveyor‑Served Notices Are Worth It
At Simple Survey, our view is straightforward:
If something can legally be done DIY, but is technical, time‑sensitive and risk‑laden, and a professional service costs £25, it is rarely worth taking the risk yourself.
By using a surveyor‑served Notice, you:
- Reduce the risk of invalidity and delay
- Increase the chances of a calmer, better‑informed response from your neighbour
- Provide a direct, professional channel for questions, instead of your neighbour Googling anxiously at midnight and assuming the worst
If you’d like us to draft and serve your Notices, simply email your drawings to:
We’ll review the plans, confirm which Notices are needed and handle service from start to finish.
Simple Survey — Fixed Nationwide Cost Chart (Guide)
| Service | What’s Included | Fixed Fee (incl. VAT) |
|---|---|---|
| Party Wall Notice (per Adjoining Owner) | Compliance check, drafting, service & response tracking | £25 |
| Agreed Surveyor Award | Single impartial surveyor acting for both owners | £300 |
| Building Owner’s Surveyor Award | Acting for Building Owner in a two‑surveyor route | £300 |
Fees are indicative for typical residential projects. More complex schemes (e.g. basements, major structural works) may require a tailored fee proposal.
Need a Valid Notice, Fast?
If you’re planning works and suspect the Party Wall Act applies, don’t leave the legal starting point to chance.
✅ Email us your drawings
✅ We’ll confirm what Notices are required
✅ We’ll prepare and serve them correctly — nationwide, at a fixed cost
FAQ – Surveyor‑Served Party Wall Notices
Q1: Do I have to use a surveyor to serve a Party Wall Notice?
No. The Act allows owners to serve their own Notices. However, because Notices are legal documents with technical requirements, many owners choose to have a party wall surveyor prepare and serve them to avoid mistakes.
Q2: If my contractor says they can serve the Notice, is that enough?
They can – but the risk is that they are not specialists in the Act. If the Notice is later found to be invalid, you may face delays, extra cost and potential legal challenge. Using a surveyor keeps responsibility for validity with someone who deals with this day in, day out.
Q3: Will a surveyor‑served Notice make my neighbour more likely to dissent?
Not necessarily. In our experience, a clear, neutral Notice and cover letter can actually reduce anxiety. Neighbours know there is a professional they can speak to, which often leads to more measured and informed responses, including the possibility of an Agreed Surveyor.
Q4: If my neighbour ignores the Notice, what happens?
If there is no written response within 14 days, the Act treats this as a “deemed dissent”. After a further 10‑day notice, a surveyor can be appointed on their behalf so that the process can move forward. This is another reason why starting with a proper, traceable Notice is so important.
Q5: As the building owner, am I responsible for the surveyor’s fees if my neighbour dissents?
In almost all standard residential cases, yes. The building owner is responsible for the reasonable costs of administering the Act – including surveyor fees for both sides where applicable. Starting with a low‑cost, surveyor‑served Notice helps keep the overall process controlled and predictable.
If you’d like help working out which Notices you need and how best to serve them, just drop us a line at team@simplesurvey.co.uk and we’ll guide you through it, step by step.