Over the years, our surveyors have seen the good, the bad and the very ugly when it comes to Party Wall Notices.
Too often they’re treated as “just a letter” for a neighbour to sign so the works can start. In reality, a Party Wall Notice is a formal legal document that triggers powerful rights and procedures under the Party Wall etc. Act 1996.
This guide busts the common myths and jargon around Party Wall Notices so you know exactly where you stand – whether you’re the building owner or the adjoining owner.
“It’s just a letter, isn’t it?”
Yes, it is a letter – but it’s also much more than that. A valid Party Wall Notice:
- Invokes the Act – formally bringing the Party Wall etc. Act 1996 into play
- Starts the statutory clock – 14 days for a response, then a further 10 days if needed
- Gives the adjoining owner legal response rights – consent or dissent
- Opens the door to surveyor appointments and awards
Once served correctly, the Notice is the starting shot of the party wall procedures. Treating it as a casual heads-up rather than a legal notice is where many owners go wrong.
“I’ll just ignore it – that’ll stop the works”
It won’t.
If an adjoining owner ignores a valid Party Wall Notice:
- After 14 days, they are treated as having not responded
- The building owner can then serve a 10-day request asking them to appoint a party wall surveyor
- If there is still no response, the building owner is legally entitled to appoint a surveyor on their behalf
At that point, surveyors proceed, a Party Wall Award is agreed, and the building owner gains the legal right (under the Act) to commence the notifiable works.
Ignoring a Notice doesn’t block the works – it simply means:
- A surveyor may be appointed without your input, and
- You lose control over the choice of surveyor representing you under the Act
“We had a chat and they’re fine with it – I don’t need a Notice”
Incorrect. You do!
If your works fall within the scope of the Act (e.g. works to a party wall, excavations within 3m/6m, or new walls at/near the boundary), you must serve a written Party Wall Notice.
Verbal agreements, WhatsApp chats and friendly nods over the fence:
- Do not satisfy the Act
- Do not start the statutory timings
- Do not give the adjoining owner proper legal response options
Even if your neighbour has verbally said, “I’m happy with it”, you still need to serve a Notice to make that consent legally valid under the Act.
“My neighbour says only a surveyor can serve the Notice”
Not true.
Under the Act:
- A building owner can serve their own Notice (DIY notice), or
- They can ask a surveyor or other professional (architect, engineer, project manager) to do it for them
There is no legal requirement that a Party Wall Notice be served by a surveyor.
However, there are some important practical cautions:
- A DIY Notice that misses key details, timings or drawings can be invalid
- Invalidity often only surfaces after surveyors are involved
- That can mean delay, re-service, and extra cost – sometimes including surveyor time incurred in pointing out the problem
Because our notice fee is low, many owners prefer the peace of mind of professionally drafted, valid notices from day one.
“Can I backdate the Notice for convenience?”
Not unless you have a time machine and go back in time and serve it!
The date on the Notice must be the actual date of service (or, at most, the date it is posted/hand-delivered). You cannot:
- Post a Notice on Monday and date it last Friday
- Backdate to try to “shrink” the statutory notice period
Backdating risks the Notice being declared invalid, and more importantly undermines trust with your neighbour and any surveyors involved.
Invalid Notices – why they matter
If a Notice is invalid:
- The statutory timings never lawfully started
- Any supposed “consent” or “dissent” may be open to challenge
- An adjoining owner’s surveyor may flag the invalidity – incurring billable time in the process
- The Notice will usually need to be re-served correctly, resetting the timing and often delaying the project
Common reasons for invalidity include:
- Wrong or incomplete names or ownership
- Incorrect or missing timing information
- Failing to include plans/sections with Section 6 excavation notices
- Notices not properly served as required by Section 15
- Trying to use past dates or muddled start dates
A small error at the Notice stage can cause big headaches later.
Simple Survey – Let us handle your Notices correctly from day one
At Simple Survey, we deal with Party Wall Notices every day – across all typical residential project types, nationwide.
We:
- Check whether your works actually fall under the Act
- Identify the correct legal owners
- Prepare and serve fully compliant notices
- Track responses and guide you through the next steps (consent or dissent)
All with clear, fixed pricing and RICS-qualified, experienced surveyors.
If you’d like us to review your plans or prepare your notices, email us at
📧 team@simplesurvey.co.uk
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 appointment | £300 |
FAQ – Party Wall Notices
Q1. Do I always need a Party Wall Notice?
You do if your works fall within the Act – typically works to a party wall/party structure, excavations within 3m or 6m to a lower depth than your neighbour’s foundations, or new walls at or astride the boundary.
Q2. Can I email a Party Wall Notice?
Email alone is not one of the traditional statutory service methods. Notices are usually served by post, hand delivery or other allowed methods. Email can accompany these, but shouldn’t replace them without very careful consideration.
Q3. What happens if my neighbour does nothing?
After the 14-day response window and a further 10-day request, a surveyor can be appointed on their behalf, and the process will proceed to a Party Wall Award without their active involvement.
Q4. Can an adjoining owner ever be charged for notice-related costs?
In most domestic scenarios, no – the building owner carries the reasonable costs of the party wall procedures. There are limited exceptions in more complex or defect-related situations.
Q5. Is it worth paying a surveyor to serve the Notice if I could do it myself?
For many owners, yes. The cost is modest compared to the overall project, and professional notice service greatly reduces the risk of invalidity, delay and avoidable disputes – and gives your neighbour a knowledgeable point of contact from day one.