I’m going to walk you through how to respond to a Party Wall Notice calmly and correctly.
First, don’t ignore it. A Party Wall Notice is a legal document under the Party Wall etcetera Act 1996. As soon as it arrives, check three things:
- Does it show your correct name and address?
- Does it clearly describe the proposed works?
- Are there drawings, especially if excavations are involved?
Next, understand your three response options. You must pick one of these – nothing in between:
- Consent
You’re happy for the works to go ahead without appointing a surveyor. The building owner still has to make good any damage they cause to your property, but there will be no Party Wall Surveyor input and no Party Wall Award. An Award is the legal document agreed to provide protection to both building owners and adjoining owners. - Dissent and appoint your own surveyor
You’re not objecting to the works in principle, but you do want the protection of a Party Wall Award and a surveyor advising you. You choose your own surveyor; your neighbour appoints theirs. The building owner will be duty bound to pay your reasonable surveyor’s fee. - Dissent and agree to an “agreed surveyor”
Both owners share one impartial surveyor who prepares the Award. This can be quicker and cheaper, but you need to be comfortable that the surveyor is experienced and genuinely neutral. The building owner will be duty bound to pay the agreed surveyor’s fee.
You have 14 days from the date of the Notice to respond in writing. If you don’t, a further Notice will be served, giving you a final 10‑days to respond. If you still fail to respond to that, a surveyor can be appointed on your behalf.
Before you reply, you’re within your rights to ask the building owner questions about the works and timings, or speak to an independent party wall surveyor for advice on risk and the best response for you.
Once you’ve made your decision, send your chosen response clearly in writing via email or a letter ensuring to keep a copy for your records.
If you need assistance with Party Wall Matters, give us a shout today.