When an adjoining owner is served with a party wall notice, it can often feel daunting, confusing and stressful. For those who have not encountered the party wall process before — or who have little experience of building works generally — the notice can appear formal, technical and difficult to interpret.
Party wall notices often contain legal language, statutory response deadlines and technical drawings showing the building owner’s proposed works. Receiving such a pack through the post or by email can understandably feel overwhelming.
However, the party wall process is not there to create tension or difficulty. Its purpose is to facilitate the building owner’s proposed works while also ensuring that adjoining owners are afforded proper legal protections. In this article, we set out a straightforward step-by-step guide to help you understand what to do when a party wall notice arrives.
Step 1: Read the Notice Carefully
The first step is to read the notice carefully and make sure you understand, at least in broad terms, what the building owner is proposing to do.
A well-prepared party wall notice should not overcomplicate matters. It should clearly explain the nature of the proposed works, whether that be a loft conversion, extension, basement conversion or structural alteration. It should also set out your available response options and the time period within which you need to respond.
At this stage, your focus should be on understanding two things:
First, what works are proposed and how they may affect your property.
Second, what response options are open to you and how long you have to make your decision.
Step 2: Understand Your Response Options
In broad terms, there are three response options available to an adjoining owner.
Option 1: Consent to the Notice
If you consent to the notice, you are effectively giving the building owner the legal right to proceed with the works without the need for the formal party wall surveyor process to be followed.
In practical terms, this brings the statutory process to an end. You are, in effect, giving the building owner the green light to proceed.
This option may be appropriate where the works are minor, where you are comfortable with what is proposed, and where you do not feel that formal surveyor involvement is necessary.
Option 2: Dissent and Appoint Your Own Party Wall Surveyor
If you dissent to the notice and appoint your own party wall surveyor, the building owner will also need to appoint their own surveyor.
Those two surveyors will then act under the Party Wall etc. Act 1996 and work together to agree a party wall award. That award is the formal document that sets out the rights, protections and obligations relating to the proposed works.
This option gives you the reassurance of having your own surveyor formally involved in reviewing the proposed works and ensuring that suitable protections are put in place.
Option 3: Dissent and Appoint an Agreed Surveyor
The third option is to dissent to the notice but agree to the appointment of a single agreed surveyor.
An agreed surveyor acts impartially for both the building owner and the adjoining owner. Although there is only one surveyor involved, that surveyor still has a duty to act neutrally and fairly in administering the Act.
The outcome is the same in principle as it would be under a two-surveyor appointment: the surveyor will review the proposed works and prepare a party wall award that provides legal protections for both owners.
Step 3: Be Aware of the Response Timing
Timing is an important part of the party wall process.
In general terms, you should respond to the notice within 16 days of its date. This is commonly understood as comprising the 14-day statutory response period together with an allowance for service by post.
If you do not respond within that time, the building owner, or the surveyor acting for them, will usually serve a further notice giving a final 12 days in which to respond. Again, this typically reflects the statutory period plus time allowed for service.
In practical terms, this means that you will usually have around one month from the date of the original notice before the process moves on without your input.
It is important to respond within the notice period. If you fail to do so, the building owner may acquire the right to appoint a surveyor on your behalf. That would remove your ability to choose your own surveyor, which is something most adjoining owners would prefer to avoid.
Step 4: Take Advice if You Need It
If you are unsure what the notice means, what the proposed works involve, or which response option is most appropriate, you should seek advice from an experienced party wall surveyor.
This is particularly important if the works appear substantial, involve excavation close to your property, or raise concerns in relation to access, structural impact, vibration, dust, damage, or neighbourly inconvenience.
A good surveyor should be able to explain the process in plain terms, outline your options clearly, and help you decide whether consent, an agreed surveyor, or a separate surveyor appointment is best suited to your circumstances.
Step 5: Understand the Cost Position
One point that many adjoining owners are unaware of is that they are generally not responsible for the cost of appointing a party wall surveyor in response to the building owner’s notice.
In most cases, the reasonable fees of the adjoining owner’s surveyor are payable by the building owner.
This reflects the principle that it would not ordinarily be reasonable for an adjoining owner to bear the cost of professional protection in relation to works that they are not carrying out and from which they derive no direct benefit.
Unfortunately, this point is sometimes omitted from DIY notices or self-served notices prepared by building owners. It is therefore important for adjoining owners to understand that they do have the right to appoint a surveyor, and that the reasonable cost of doing so is generally not theirs to bear.
Step 6: What Happens After Surveyors Are Appointed?
Once surveyors have been appointed, they will move forward with preparing and agreeing the party wall award.
This involves reviewing the proposed works, considering how those works interact with your property, assessing risk, and setting out suitable protective provisions. The award will usually deal with matters such as the scope of the works, working methods, access arrangements, condition recording, and how any damage should be dealt with if it occurs.
In effect, the award acts as a legally binding framework for how the works are to proceed and what protections are in place for both owners.
Step 7: What If Damage Occurs?
If damage occurs during the course of the works, the party wall process has an inbuilt mechanism for dealing with it.
The first step is usually to refer back to the wording of the party wall award, which should set out how damage is to be addressed. In many cases, the building owner and adjoining owner are first given the opportunity to resolve the issue between themselves.
If that does not happen, the matter can then be referred back to the agreed surveyor, or to the two appointed surveyors, depending on how the award was put in place.
In general terms, where genuine damage has been caused by the building owner’s works, the adjoining owner is likely to be entitled to reimbursement of the reasonable cost of making that damage good.
Step 8: Do You Need to Notify Your Insurer?
This is another question that adjoining owners often raise.
In most cases, it is not necessary to notify your insurer simply because a party wall notice has been served and neighbouring works are planned.
The reason for this is that the party wall award itself sets out the legal protections available to the adjoining owner. If damage does occur, there are already formal procedures under the Act for dealing with it.
As such, party wall protections generally sit separately from, and often more directly than, any cover you may have under a standard buildings insurance policy in relation to neighbouring works.
Step 9: Choose an Experienced Surveyor
Both building owners and adjoining owners are often surprised to learn that, from a legal standpoint, almost anyone can describe themselves as a party wall surveyor.
That means there can be a significant difference in quality, experience and professionalism across the market.
For that reason, if you are taking advice or making an appointment, it is sensible to ensure that the surveyor is experienced in party wall matters and, ideally, professionally qualified through a recognised property or construction body.
Commonly respected professional bodies include RICS and CIOB. Surveyors who are members of such organisations are generally required to uphold professional standards and are usually better placed to deal with party wall matters properly, practically and fairly.
A Straightforward Process When Properly Managed
Although receiving a party wall notice may feel intimidating at first, the process itself is usually straightforward when properly explained and professionally administered.
The key is to read the notice carefully, understand your options, respond within the required time, and seek advice where needed.
The Party Wall etc. Act 1996 is there to facilitate works while protecting adjoining owners. It is not intended to create unnecessary tension or difficulty. With the right advice and approach, the process can be managed calmly, efficiently and with the right legal protections in place.
Get in Touch
If you need party wall surveying advice or assistance in responding to a party wall notice, Simple Survey is here to help.
We offer a cost-effective and time-efficient service, with party wall notice fees starting from £35 plus VAT and party wall award fees starting from £300 plus VAT. Our fees can offer a saving of up to 65% compared with many other providers in the market.
To discuss your matter, email team@simplesurvey.co.uk and one of our party wall surveyors will be happy to assist.